Cin., N. O. & T. P. Ry Co. v. Sadieville Milling Co.

Opinion op the Court by

Wm. Rogers Clay, Commissioner

— Reversing.

Charging that appellant, Cincinnati, New Orleans & Texas Pacific Railway Company, had negligently burned its barn and certain personal property therein contained, appellee, Sadieville Milling Company, brought this action to recover damages. The jury awarded appellee the sum of $337. Prom the judgment based thereon, this appeal is prosecuted.

It is earnestly insisted by counsel for appellant that the trial court erred in refusing to award it a peremptory instruction. In view of the conclusion of this court, it will be necessary to…