Louisville & Nashville Railroad v. Rains

Opinion op the Court by

Commissioner Stanley

Affirming.

With conflicting evidence and opposing probabilities before it, a jury returned a verdict for $1,000 in favor of appellee, G-. W. Eains, against the appellant, Louisville & Nashville Eailroad Company, for the destruction of his barn and contents by fire, charged to have been ignited by a passing locomotive, about 8 o ’clock on the morning of March 3, 1927. The principal ground relied on for a reversal of the judgment is that under the law and the facts the company was entitled to a peremptory instruction.

Appellee’s barn was situated about…