General Ins. Co. of America v. Northern Pac. Ry. Co.

The plaintiff insurance company seeks reversal of a judgment rendered against it, following a motion for a nonsuit, in an action to recover from the railroad company, damages by reason of a fire alleged to have been caused by sparks from defendant’s locomotive, alleged to have been negligently constructed and operated.

The insurance company had issued two policies of fire insurance to one Agor, covering wool and sacks while contained in a warehouse at Badger, Wash. On May 2, 1926, at about 9:50 or 10 o’clock p. m., the warehouse and its contents were destroyed by fire'. The complaint alleged that the fire was *575 negligently started by sparks or cinders, and that tbe locomotive was so negligently constructed and operated as to permit and cause sparks, cinders, and live coals to escape and to start a fire, which spread to the wool and sacks stored in the warehouse. The insurance company paid the loss, and, under claim of subrogation to Agor’s rights, instituted this action. Defendant admitted that the property was destroyed by fire, but denied the allegations of negligence. At the conclusion of plaintiff’s testimony, judgment in favor of the railroad company was ordered. The…