McKinney v. Mobile O. R. Co.

Plaintiff sued defendant railway to recover damages for destruction by fire of his planing mill and cotton gin situated near said railroad and adjoining the defendant’s right of way, alleged to have been caused by sparks negligently emitted from the engine operated on said road. Prior to the destruction of the property, plaintiff had leased from defendant a portion of its right of way for the purpose of erecting a seedhouse thereon, and another portion to be used for “handling lumber.” These lease contracts are made exhibits to defendant’s pleas, and express a money consideration merely…