ATLANTA & ST. A. B. RY. CO. v. REGISTER

No. 7125.

69 F.2d 323 (1934)

ATLANTA & ST. A. B. RY. CO. v. REGISTER et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 16, 1934.


Attorney(s) appearing for the Case

Arthur G. Powell, of Atlanta, Ga., and Thomas Sale, of Panama City, Fla., for appellant.

John H. Carter, of Marianna, Fla., for appellees.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was for damages to a turpentine wood. The charge was that the defendant had negligently set out the fire by sparks from one of its engines; the defenses, that the fire was not started by an engine spark, that, if it was, it was not negligently started, and further that, if wrong on both of these points, the proof does not connect plaintiffs' damage with the fire. The verdict was for plaintiffs. Defendant is here urging that the evidence...

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