Louisville & Nashville Railroad v. Deaton

Opinion of the Court by

Judge Dietzman

— Affirming.

The appellee recovered a judgment for $700.00 on account of damage done his standing timber by fire which he claimed was started by a spark from one’ of the appellant’s engines. For a reversal of that judgment appellant urges, first, that it was error for the trial court to admit testimony offered by appellee to the effect that there was combustible material on the appellant’s right of way, since the appellee had pitched his cause of action solely on an alleged defective condition of the spark arrester and an alleged negligent operation of…