Cox v. Aberdeen & Asheboro R. R. Co.

Tbis action was brought to recover damages for burning the plaintiff’s, timber. There was a verdict for the plaintiff and judgment was rendered thereon. Defendant appealed. , The evidence tended to ‘show that the fire was caused by sparks emitted from one of the defendant’s engines. With respect to this evidence, the Court charged the jury as follows: “If you find from the evidence that the fire which' injured the plaintiff’s property escaped from the defendant’s engine, there is a presumption in law of negligence on the' part of the defendant in the operation of its train, and in that event,…