Chesapeake & Ohio Railway Co. v. Preston

OPINION OF THE COURT BY

W. ROGERS CLAY, COMMISSIONER

Affirming.

Appellee, Arthur Preston, brought this action against appellant, Chesapeake & Ohio Railway Company, to recover damages for the destruction of his barn and1 contents by fire which he alleged was due to the negligence of the railway company. The first trial resulted in a hung jury. Upon the second trial the jury returned a verdict in favor of appellee for the sum of $1,700. Prom the judgment based1 thereon, this appeal is prosecuted.

The only error assigned for reversal is the failure of the trial court to award appellant a peremptory…