Hughes v. Lyon Lumber Co.

Plaintiff sues for the recovery of damages caused by fire to his timber, fences and other combustible property situated on his tract of land, situated in the Parish of Livingston. That the fire was set by sparks from a locomotive belonging to or under the control of defendant is not seriously disputed. It started at some distance from plaintiff’s premises, was fanned by the wind, and reached plaintiff’s place where the damage is alleged to have been suffered.

The plaintiff as a witness in the cause, admitted that he saw the fire some four or five hours before it reached his property, that he…