L. & N. R. R. Co. v. Home Insurance Co. of New York

Opinion of the Court by

Judge Carroll

Affirming.

K. W. Spencer owned a house situated about 61 feet from the railroad track of the appellant company at Sonora, in Hardin County. On June 8th, 1910, the house and contents were destroyed by fire. The property destroyed was insured in the appellee company for $1,200, and soon after the fire the insurance company paid to Spencer in settlement of the loss $791. Afterwards, the appellee insurance company filed an action against the appellant company, charging that the property was destroyed by a fire occasioned by its negligence and carelessness, and…