Ohio & Kentucky Railway Co. v. Whitt

Opinion of the Court by

Judge Sampson

Affirming.

On April 9,1915, a stock barn and a large quantity of corn, hay, and farming implements, belonging to Boyd Whitt, were destroyed by a fire which, it is alleged in this action, started from cinders and coals of fire emitted from the smoke stack of the engine of appellant company. The barn stood almost three-fourths of a mile from the railroad but only a short distance from a forest which extended almost to the railroad. In two or three minutes after the passing of a passenger train on the morning before the day of the fire, two ladies saw fire…