41 S.C. 285 | S.C. | 1894
The opinion of the court was delivered by
The action in this case was brought by the plaintiffs against the defendant company to recover damages for the destruction of certain property of plaintiffs by fire, communicated by sparks escaping “from a locomotive engine operated as aforesaid upon the railroad track of the defendant company by its agents, servants, and lessees,” under the provisions of section 1511 of the General Statutes. The two questions raised by the defence are: 1st. As to the constitutionality of the said section. 2d. Whether the defendant company could be held liable under section 1511 of General Statutes, if the jury came to the conclusion that the locomotive engine from which the sparks escaped belonged at the time to the Richmond and Danville Railroad Company, who were operating said railroad under a lease from the defendant company.
The judgment of this court is, that the judgment of the Circuit Court be reversed, and that the case be remanded to that court for a new trial.