Wilson v. Tilghman Lumber Co.

The cause of action alleged by the plaintiff is as follows : “That thereafter, on Friday, the 20th day of April, 1923, the defendant company, by and through its agents and servants, after having cut over the lands and removed the timber therefrom, and while they were engaged in taking up and removing the iron rails and cross-ties from the roadbed, did negligently, carelessly and wrongfully permit fire to escape and get out from under control of its servants and employees and burned over a portion of plaintiff’s said lands,” etc.

A witness for plaintiff testified that there was a lightwood…