Whitehurst v. Atlantic Coast Line Railroad

Tbis action was brought to recover damages for burning plaintiff’s residence, stables, bam and other property, which be alleged was caused by the negligence of tbe defendant, in allowing hot cinders to be emitted from tbe smokestack of its engine. There was a verdict for the plaintiff, and from tbe judgment thereon tbe defendant appealed.

Numerous exceptions were taken by tbe defendant to tbe rulings and charge of the court, and we will consider them in tbe order in which they are stated in tbe assignment of errors,

1. Tbe parties bad agreed that tbe deposition of tbe plaintiff’s wife might-…