Peck Iron & Metal Co. v. Seaboard Air Line Railroad

Peck Iron & Metal Company, Incorporated, sometimes hereinafter referred to as Peck or the plaintiff, filed its motion for judgment against Seaboard Air Line Railroad Company, sometimes hereinafter called Seaboard or the defendant, to recover damages for the loss of its property from a fire alleged to have been caused by Seaboard. The first count of the motion alleged that a Seaboard engine had dropped or thrown sparks on its right of way, starting a fire which was communicated to Peck’s property adjacent to the railroad right of way. The second count alleged that Seaboard had negligently…