CHESAPEAKE & O. RY. CO. v. UNITED STATES

No. 5157.

139 F.2d 632 (1944)

CHESAPEAKE & O. RY. CO. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

January 1, 1944.


Attorney(s) appearing for the Case

J. M. Perry, of Staunton, Va., for appellant.

John C. Harrington, Atty., Lands Division, Department of Justice, of Washington, D. C., and R. Roy Rush, Asst. U. S. Atty., of Roanoke, Va. (Norman M. Littell, Asst. Atty. Gen., Frank S. Tavenner, Jr., U. S. Atty., of Woodstock, Va., and Norman MacDonald, Atty., Department of Justice, of Washington, D. C., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


SOPER, Circuit Judge.

The United States sued the Chesapeake & Ohio Railway Company for the expenses incurred in fighting a fire which was alleged to have endangered the George Washington National Forest in Virginia and to have been caused by a locomotive of the defendant. The case was submitted to a jury upon interrogatories in answer to which the jury found that although the locomotive was in good condition and was carefully operated, the fire was caused by sparks...

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