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D by careless management, or through one of its engines, set fire to its woodshed, and a large quantity of wood therein. P's house, which was 130 feet away also caught fire from the heat and sparks and was entirely consumed, notwithstanding heroic efforts were made to save it. A number of other houses were also burned by the spreading of the fire. P sued to recover from the railroad company the value of his building thus destroyed. The judge at the Circuit nonsuited P and the General Term of the fifth district affirmed the judgment. This appeal resulted.

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