Hill v. Southern Ry. Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action for $15,473.05 the net loss on 142 bales of cotton alleged to have been partially destroyed by fire communicated by sparks from the defendant’s engine.

The defendant supplemented its plea of general denial by setting up a contract between the plaintiff and the railroad company, whereby, in consideration of the defendant’s permission to allow certain warehouses to be placed on its right of way, the plaintiff agreed to indemnify the defendant from all loss by fire, however resulting “arising by reason of the presence of said…