Leffonier v. Detroit & Mackinac Railway Co.

Plaintiff brings this action to recover the value of certain property destroyed by fire. It is his claim that defendant’s sectionmen negligently set fire to a pile of old ties and rubbish upon the railroad right of way *636during the dry season of the summer of 1907; that the fire was negligently permitted to escape from the premises of the defendant, and, after crossing an intervening farm, it came upon the premises of plaintiff, destroying his property.

Testimony was introduced tending (though not clearly) to show that plaintiff’s property was destroyed July 27, 1907. The only testimony…