Gainey v. Rockingham Railroad

This appeal challenges tbe correctness of tbe court’s action in overruling defendant’s demurrer to tbe evidence and motion for judgment as of nonsuit.

Plaintiffs’ evidence was abundantly sufficient to raise tbe reasonable inference that defendant bad negligently allowed combustible material to gather and remain in large quantities on its right of way near its track in tbe vicinity of plaintiffs’ property and that this inflammable material was ignited by sparks, coals and embers emitted from defendant’s engine. This evidence makes out a case for tbe plaintiffs and was correctly submitted to tbe…