Chesapeake & Ohio Railway Co. v. Hopkins

Opinion of the Coubt by

Judge Lassing

Affirming.

On April 17, 1909, F. A. Hopkins had a large boundary of his land in Floyd County, Kentucky, burned over by fire. The fire not only destroyed considerable fencing and many saw logs, but injured the growing timber as well. The Chesapeake and Ohio Railway runs through this farm for some distance, and shortly before the fire was discovered on said date a double-header freight train passed over the road. Charging that the fire originated from sparks emitted by one or both of these en-' gines, Hopkins instituted a suit against the road, in which he…