Ohio & Mississippi Railway Co. v. Porter

This was an action on the case, brought by Alfred Porter against the Ohio and Mississippi Railway Company, to recover the value of certain apple trees destroyed by fire, which, as alleged, was set on defendant’s right of Avay by its servants and through their negligence permitted to extend upon and OA’er the adjoining premises of the plaintiff. On a trial in the circuit court, before a jury, the plaintiff obtained a verdict and judgment for the value of the property destroyed, and defendant appealed. On the trial the Avitness Hall Avas asked the following question : “ State what any one of…