Baltimore & Ohio Southwestern Railway Co. v. Tripp

This is an appeal from a judgment of the circuit court awarding appellee damages for the destruction by fire of lumber and an office building. The declaration alleged that the loss was caused by appellant’s so negligently operating a locomotive on its road that fire was emitted and communicated to a corn-crib, situated on its right of way, from whence it spread to and destroyed said property of the plaintiff. The appeal is taken directly to this court, because it is alleged that the validity of the act of March 29, 1869, “relating to fires caused by locomotives,” is involved, it being…