Ins. Co. v. . R. R.

This is an action by an insurance company to recover the amount of the insurance paid by the plaintiff to the Elm City Lumber Company on account of loss by fire alleged to have been caused by the negligence of the defendant.

1. On 11 November, 1912, a fire occurred which destroyed lumber owned by the Elm City Lumber Company, amounting in value to upwards of $20,000.

2. On 3 December, 1914, the Elm City Lumber Company and N. McLaughlin commenced an action against the defendant, returnable to the January Term, 1915, the plaintiffs therein suing for $8,165.83, $4,971.12 of which was claimed by N.…