Wrightsville & Tennille Railroad v. Barrett

1. In a suit against a railroad company for damage by fire to certain timber, where the petition alleged that the fire was set out “on the afternoon of September 6, 1925, at about 3 o’clock p. m.,” by sparks and live coals escaping from the engine “pulling the south-bound train of the defendant,” it was permissible to amend the petition by striking these allegations as to time and the identity of the engine and by inserting in lieu thereof an averment that the fire originated on September 4, 1925, at about 11 o’clock a. m., from an engine pulling a north-bound train. The cause of action…