West Virginia Pulp & Paper Co. v. Baltimore & Ohio Railroad

POEFENBARGER, JUDGE :

By way of complete defense to this action for the burning of a large quantitj'- of pulp wood, stored around a side-track, by the escape of fire from one of .its engines passing on its main line, the defendant relied upon a release from damages to the property of the plaintiff by fire from its engines, contained in a written contract pertaining to the construction and maintenance of the side-track or spur, primarily for the benefit of the plaintiff. But for such release, the ■ evidence *551is amply sufficient to sustain tlie verdict for $54314.17, but tbe trial court refused…