#### Poffenberger & Morris, appellants, v. Baltimore & Ohio Southwestern Railroad Company, appellee.

Action to recover for destruction of building by fire. Judgment for defendant. Appeal from the Circuit Court of Christian county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the April term, 1918.

Reversed and remanded.

Opinion filed October 22, 1918.

Taylor & Taylor and Barger & Hicks, for appellants.

Graham & Graham and George T. Wallace, for appellee; Morrison R. Waite and William A. Eggers, of counsel.

Mr.. Presiding Justice Eldredge

delivered the opinion of the court.