Chesapeake & Ohio Railway Co. v. Bagby

Opinion of the Court by

Judge Miller

Reversing.

*421This is an appeal from a judgment against the appellant for $200.00, damages for setting fire to and destroying B'agby’s lumber which had been stacked within about twenty-five feet of appellant’s railroad track.

The gravamen of the action is the alleged carelessness and negligence of the company in the operation of its locomotive engines. The evidence as to the origin of the fire is circumstantial only.

The lumber was stacked upon the south side of the railroad track, which ran eastwardly and westwardly. There was a saw dust pile upon the site of an…