Barker v. Fleming

The opinion of the court was delivered by

Parker, J.:

This was an action instituted under the provisions of G. S. 1935, 66-232, to recover damages resulting from a fire alleged to have, been caused by defendants in the operation of its railroad. The plaintiff prevailed and the defendants appeal.

The sufficiency of the pleadings is not involved in this controversy. Briefly, it can be stated the petition alleged the defendants in the operation of their railroad set a fire along its right of way, which fire burned over and across other combustible material, between the point of its origin and…