Southern Ry. Co. v. Stearns Bros.

PARKER, Circuit Judge.

This was an action at law instituted by Steams Bros., Inc., hereafter called the plaintiff, against the Southern Railway Company, hereafter called defendant, to recover for damage alleged to have been done to an asphalt paving plant of plaintiff located on defendant’s right of way. The complaint alleged that the paving plant was located near the track of defendant at Kings Mountain, N. C., and that while shifting ears nearby defendant’s servants negligently kicked two cars against the plant in such way as to cause considerable damage. The answer, in addition to denying…