Nashville, C. & St. L. Ry. v. Nants

Plaintiffs recovered a judgment of $8,000- against the railway for the loss by fire of a warehouse located along the west line of defendant’s right of way, in the town of Gleason, alleged to have been fired by sparks from a passing locomotive. The Court of Appeals affirmed and writ of certiorari has been granted and argument heard.

The ease went to the jury on two counts, charging: (1) Defective construction of the spark arrester and negligent handling of the train, and (2) negligence in failing to keep the right of way clear of inflammable vines and leaves, in which it was alleged the sparks…