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COLE v. PENNSYLVANIA R. CO.

No. 202.

43 F.2d 953 (1930)

COLE v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

August 4, 1930.

Attorney(s) appearing for the Case

Mortimer L. Sullivan, of Elmira, N. Y., for appellant.

Alexander S. Diven, of Elmira, N. Y., for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This case was tried before Judge Hazel without a jury. The cause of action asserted was to recover damages for the destruction of the plaintiff's property by a fire caused through the negligent acts of the defendant railroad company in the operation of its engines and the maintenance of its right of way. The trial judge found that the railroad negligently "maintained dry grass, weeds and debris and other combustible material on its...

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