Bowie Lumber Co. v. Morgan's Louisiana & T. R. & S. S. Co.

ST. PAUL,, J.

On May 24, 1917, plaintiff’s sawmill, planing mill, and lumber yard, together with a number of houses belonging to plaintiff, and used as residences by its employees, were destroyed by fire. This is an action to recover from defendant the loss thus sustained, on the ground that the fire was started by a spark emitted by one of defendant’s locomotives whilst switching in and about the lumber yard. The defense is substantially the general issue; thei’e was judgment below for defendant, and plaintiff appeals.

I

The undisputed facts of the case are that the season had been dryer than…