Wilson v. Yazoo & M. v. R.

This suit was brought under Section 3422, Code of 1930, for the recovery of both actual damages and the statutory penalty of $150'on account of the appellee having wantonly, negligently or carelessly allowed a fire to spread from its right-of-way onto the lands of the appellant. In awarding the sum of $50' as actual damages to the appellant as owner of the land, the jury necessarily found that the railroad company had either wantonly, negligently or carelessly allowed the fire to spread onto his land. This was the only basis upon which the verdict for actual damages could have been predicated…