Pollard v. Treadwell

THOMAS, Justice.

The respective counsel agree as to the effect of the pleading and the substantial effect of the evidence.

The sufficiency of the counts are not challenged by the appellant. Central of Georgia Ry. Co. v. Wilson, 215 Ala. 612, 111 So. 901.

The property destroyed by fire was a metal covered barn, one end of which was open and with cracks and exposures in its side walls. The barn was filled with hay at the- time it was destroyed by fire.

The fact that the engine passed plaintiff’s barn, emitting smoke and cinders of large and unusual size and .number, and that a short time thereafter…