Hartford Fire Insurance v. Cincinnati, New Orleans & Texas Pacific Railway Co.

Opinion op the Court by

Judge Carroll

Affirming.

T. J. Crowe owned a dwelling house, near the line of railway operated by the appellee company, that was destroyed by fire. Crowe had insurance on the house in the appellant insurance company, and after it had paid to him the amount stipulated in the policy it secured an assignment thereof and thereupon brought this suit against the railway company to recover the amount it had paid *296Crowe upon the ground that the destruction of the property was caused by negligence of the company.

After an answer denying the negligence of the railway company had been…