SMITH, Justice.
This is an action by B. A. Seay, referred to as plaintiff, to recover damages for the destruction of certain of his property by a fire which he claims was started by a steam locomotive operated by The Chesapeake and Ohio Railway Company, referred to as defendant. The jury rendered a verdict against the railway company for $20,000 and the trial court by its judgment approved the verdict, to which judgment we awarded the company a writ of error.
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