Aglionby v. Norfolk & Western Railway Co.

Ritz, Judge:

This suit was instituted for the purpose of recovering the value of a house belonging to the plaintiff alleged to have been burned by a fire communicated by one of the defendant company’s engines. On the trial of the case, after the introduction of the evidence, the defendant demurred thereto, and the court overruled said demurrer and rendered judgment for the plaintiff on the conditional verdict of the jury for the sum of four hundred dollars.

The defendant contends that its demurrer to the evidence should have been sustained because: first, it is not shown that the fire which…