Robertshaw Trustees v. Columbus & G. Ry. Co.

Two large seed houses, with their contents, the property of appellants, located adjacent to the railroad near a small station, were destroyed by fire, alleged by the declaration to have been caused by sparks from a locomotive of the railway company. This is the sole ground of liability charged. The verdict of the jury was for the defendant railway company.

There was enough evidence to have supported a verdict for appellants. On the other hand, there was sufficient competent testimony before the jury upon which they could reasonably conclude that, as a probability, (1) no incendiary sparks were…