Hines v. Venable

Citations

• 81 Fla. 754
• 88 So. 703

Syllabus

<p>1. in an action to ‘recover damages for loss of property alleged t.o have been- destroyed hy fire Avhich escaped from a locomotive engine, the burden of showing affirmatively in the first instance • that the fire was caused, hy the defendant in the operation of its. train as alleged is, upon the plaintiff;, and that fact cannot be presumed.</p> <p>2. Where the testimony fails to directly connect othe defendant with the setting out of the fire by which it is alleged that plaintiff’s property was destroyed, . a judgment ■ awarding damages to the plaintiff for the property burned will he reversed.</p>