Hardy v. . Lumber Co.

These actions were brought by W. B. Hardy and B. T. Hardy against the defendant to recover damages for negligently burning their timber. The allegations as to the burning, they being substantially the same in the two cases, are that the defendant's locomotive engine set fire to combustible material on its track and right of way, which was covered with dry leaves, pine straw, and woods mould, and in a very foul condition, and that the fire spread to the adjoining land, burning over a considerable area. That an effort was made to extinguish the flames, plaintiff taking some part in it, but that…