Louisville, New Albany & Chicago Railway Co. v. Stevens

This action was instituted by appellee to recover of appellant the value of property destroyed by fire. In their brief in this court counsel for appellant confine their argument to the alleged error of the trial court in overruling appellant’s motion for a new trial.

The position of counsel is, that the complaint charges negligence only in the running of one of appellant’s trains, and that, upon that charge, there is a failure of proof. The construction of the complaint contended for is too narrow we think. The complaint is, in substance, as follows:

Appellee was the owner of land in White…