Chesapeake & Ohio Railway Co. v. Chapman

This writ of error brings under review a judgment of the circuit court of Orange county in an action brought by defendant in error, Mrs. Josephine M. Chapman, to recover of plaintiff in error, Chesapeake and Ohio Railway Company, damages to growing timber on her lands, .oc*34casioned by fire alleged to have been set out from one of plaintiff in error’s engines, operated in running its trains along its tracks between tbe towns of Gordonsville and Orange, Ya.

One count in the declaration is grounded on negligence in setting out tbe fire, and tbe other on tbe statute, wbicb makes a railway company…