Baltimore & Ohio Southwestern Railroad v. Malott
Indiana Court of Appeals
From Lawrence Circuit Court; William E. Otarlo, Special Judge. Action by Claude G. Malott and another against the Baltimore and Ohio Southwestern Baiiroad Company. From a judgment for plaintiffs, the defendant appeals.
1Opinion of the CourtIbach, P. J.
— This was an action to recover damages from appellant for the destruction by fire of a stock of mercantile goods owned by appellees Claude G. and Noble Malott. The theory of the complaint was that the negligence of appellant permitted large sparks, cinders and coals to be emitted from its engine, and set fire to a pork house in Tunnelton, Indiana, from which it spread to the Knights of Pythias building, in which appellees’ general store was located. A damage suit for the destruction of the Knights of Pythias building was considered by this court in the case of Baltimore, etc., R. Co. v. Reed…
2Cases cited1 opinion
- Baltimore & Ohio Southwestern Railroad v. Trustees of Tunnelton Lodge No. 168, K. of P.Indiana Court of Appeals · 1912