Baltimore & Ohio Railroad v. Day

Action by appellees against appellant for damages resulting from a fire set by appellant's engine.

Appellee Day was the owner of a barn, which he claimed was set afire by one of appellant's engines, and, with its contents, destroyed.

Appellee insurance company was party plaintiff, alleging it had paid Day the amount of insurance and asking judgment for the amount so paid.

The first paragraph of complaint avers that on April 24, 1926, appellant owned and operated a certain railroad known as "the Baltimore and Ohio Railroad" in and through Jennings County; that, on said date, Day was the owner of…