Danielley v. Virginian Railway Co.

Lively, Judge:

The railroad company prosecutes error to a judgment of the circuit court based on a verdict of $600.00 awarded plaintiffs in an action for damages to plaintiffs’ timber, fence and grass from a fire originating on defendant’s right of way from one of its locomotives.

The declaration charges that defendant negligently operated its locomotive equipped with insufficient spark arresters and ash pan, and negligently permitted a largé amount of inflammable material, such as brush, weeds, grass and the like, to accumulate and remain on its right of way, which was ignited by fire from the…