Monson v. Payne

*106Opinion op the Court by

Turner, 'Commissioner — ■

Affirming both appeals.

On and prior to the 3rd of November, 1918, appellants were each the owners of certain tobacco barns or warehouses situated near the right of way of the Louisville & Nashville Railroad Company in Bourbon county. On that day the barns or warehouses were destroyed by fire because, as alleged, of the escape of sparks or coals of fire from the passing locomotives of that company, the negligence consisting, as alleged, in the failure of that company to have its engines equipped with proper appliances preventing the escape of…