Hopkins v. Louisiana Ry. & Nav. Co.

This is an action for damages. Plaintiff claims that defendant’s locomotive set fire to the dry grass upon its track and right of way, which spread to his field and destroyed his buildings, etc. On the main issue, to wit, the liability vel non of the defendant, the question is as to the sufficiency of the evidence to support the judgment below in favor of plaintiff.

I

Two witnesses, William Sly and McKinley Sly, testify that they saw the fire immediately after the locomotive passed, and saw that it started on the track; they were about 400 yards from the spot. Waites Harper also saw the fire…