Durrett v. Mississippian Ry. Co.

Appellant, plaintiff in the trial court, brought an action against appellee railway company charging that a locomotive of the defendant set out a fire which was communicated to- the lands of appellant to- the great damage of the timber thereon. The ease in behalf of the plaintiff was made -out by circumstantial evidence, as is usual in such cases, and the evidence was sufficient to sustain a verdict in plaintiff’s favor had the jury so decided. The circumstances relied on by plaintiff were sharply controverted by the proof introduced! by the defendant, and therefore the. case as developed was…