Harp v. Southern Railway Co.

Opinion op the Court by

Judge Carroll —

Reversing.

*565A lot of growing corn and a house and household goods were injured by the explosion of a carload of dynamite being transported by the appellee companies. Alleging that the explosion and resulting injury was caused by the negligence of the carriers, the appellant brought this suit to recover damages for the injury to his house and household goods.

One of the defenses pleaded and relied on by the appellee companies arises out of the fact that some months previous to the institution of this action the appellant and the appellee companies made up an…