Southern Ry. Co. v. Birch

HUTCHESON, Chief Judge.

The suit was for fire damage to property adjoining the railway tracks and right-of-way of defendant.

The claim was that the fire was negligently set on defendant’s right-of-way and spread to and burned plaintiff’s property. The negligence alleged was; permitting accumulations on the right-of-way of dead and inflammable vegetation and trash; and so equipping and operating defendant’s engines as to permit and cause the emission of sparks which, first igniting and burning the trash on the right-of-way, spread to and burned off plaintiff’s property.

The defendant generally…