Frankfort Cincinnati Railroad Co. v. Marshall

Opinion of the Court by

Judge Rees

Affirming.

These two suits were instituted, to recover damages for the setting out of a fire by an engine of the appellant, Frankfort & Cincinnati Railroad Company. In the court below the suits were consolidated, tried as one, and in this court have been treated as one appeal.

The appellee Marshall lost a tobacco barn and certain items of personal property contained therein and he recovered a judgment for $2,653.50. When the Marshall barn burned, the fire was communicated to an outbuilding on an adjoining'lot owned by Ernest Hutchinson. This outbuilding was…