Moore v. . R. R.

CLARK, C. J., concurring; ALLEN, J., dissenting; HOKE, J., concurring in the dissenting opinion. The action is brought to recover damages for burning plaintiff's lumber and part of its mill plant, alleged to have been caused by the negligence of defendant in carelessly permitting fire to escape from its engine.

At the conclusion of the evidence a motion to nonsuit was sustained, and plaintiff appealed. Plaintiff assigns error:

1. That it was error for the court to sustain defendant's objection when plaintiff offered to show by the witness J. R. Bowden that the day before the fire complained of…