Lumber Co. v. . R. R.

BROWN, J., did not sit upon the hearing of this case.

APPEAL from W. R. Allen, J., May Term, 1909, of SAMPSON. (218) The plaintiff sued to recover the value of a large amount of lumber which was alleged to have been destroyed by fire negligently communicated to it by an engine operated by the defendant on its branch line between Clinton and Warsaw, N.C. The defendant denied the negligent acts alleged against it. The particular negligence of the defendant alleged was the defective condition of the spark arrester on its engine. The following issues were submitted by his Honor and were answered…