
    No. 507
    No. 18868
    James C. Davis, Agent and Director General of Railroads, v. Atlas Assurance Company, Ltd., et al.
    Error to the Court of Appeals of Cuyahoga county.
    .1235. VERDICT—Action to recover damages from railroad company for destruction of property by operation of said road, wherein evidence discloses act of agent of property owner to be proximate' 'cause' of fire; '* failure to direct verdict for company: prejudicial error.
   DAY, J.

In an action against a railroad company, under .Section 8970, Generál-Codef to recover ‘damages 'for- loss of - property-by-fire, ‘ea-psed' bV operating the railroad, the record discldsing By an agreed'statement ¿f facts', and'all; the;-eyi-: dénc’e that- the; proximate: Cause' of; the i¿gente of the property Owner/It is,’the 'dpt^'tef MM' trial court ’upon 'motion to direct ¿-'-’’verdict in 'favor .of-' the railroad company. Failure so to -do is prejudicial error, for-which-.judgment against the railroad company will be reversed. •: '

Judgment reversed.

"• Marshall, C.' J., Jones, Allen, Kinkade’ add-Robinson, JJ., concur. Matthias, J., conhur’s in the judgment.  