Fleming v. Southern Ry. Co.

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

The following statement appears in the record: This is an action for damages, -alleged to have been sustained by the plaintiff, through the wrongful acts of the defendant, whereby a fire originated on the right of way of the defendant, which fire was set by a locomotive engine attached to a train running north about 10 o’clock in the morning, belonging to'the defendant, running on and over its line of railway, which fire spread to lands leased by plaintiff, thereby burning and destroying turpentine boxes. The defendant denied the…