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

The appellant’s lands were burned by fire. He sued tlie appellee to recover damages for the injury sustained, alleging that the appellee negligently permitted combustible matter to accumulate upon its right-of-way, and negligently set fire to the same, and negligently permitted the fire to escape to adjoining land, and from thence to the plaintiff’s lands.

A special verdict was returned, and appellee made a motion thereon for judgment in its favor. This motion was sustained, to which ruling the appellant excepted. The ruling on this motion presents the only question for our consideration.

It…