Poe v. Southern Railway Co.

The action is to recover damages for the destruction of a lot of lumber by fire. The lumber was placed on the defendant’s right of way for shipment. Fire was communicated to it from a camp or commissary car used by the section hands of the defendant, stationed on a side track near plaintiff’s lumber. The origin of the fire in the car, whether accident, negligence, or intentional act, is not shown. The fire was discov*104ered about 10 o’clock at night, by the smoke’s awakening those sleeping in or near the car. There were on the same switch track some bunk cars, and the commissary car which…