St. Johns & Halifax Railroad v. Shalley

Taylor, J.:

Andrew Shalley, the appellee, sued the appellant railroad company for the recovery of damages for the •destruction of his houses, fences, orange trees and •other property by fire carelessly allowed to escape upon his premises by laborers engaged in the construction of the defendant’s railroad. The cause was referred for trial to a referee, who rendered judgment in .favor of the plaintiff for the sum of $1,805, besides the ■costs taxed at $81.94. Prom this judgment the appeal is taken.

The errors assigned are as follows: 1st. The referee erred in proceeding with the trial of said…