Fraser-Patterson Lumber Co. v. Southern Ry. Co.

WYCHE, District Judge.

In this action plaintiff seeks to recover damages under the provisions of Section 8362, Code of Laws of South Carolina, 1942, upon allegations that certain property of the plaintiff was destroyed by fire communicated by defendant’s locomotive engine on or about April 16, 1945. The defendant, by its answer, admits that certain property of the plaintiff was destroyed by fire, but denies that such fire resulted from any act on the part of the defendant, and sets up two affirmative defenses: (1) Contributory negligence and contributory wilfullness; and, (2) a written…