Kurn v. Fondren

The appellees, J. ~W. Fondren and his wife, sued the trustees of the railway company for damages because of the loss of their house, garage, and personal property therein, by a fire alleged to have been set by sparks from a locomotive engine of the railway company in its operation near the dwelling of the appellees. The declaration was in two counts: (1) for the value of the property destroyed by fire, under section 6153, Code of 1930’; and (2) for the statutory penalty and under section 3422, Code of 1930. By proper pleadings the whole case of the appellees was put in issue by the trustees…