Columbus Hoop Co. v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

(Orally).

I did not intend to have the jury present, but in view of my conclusion it does not make any difference.

I will undertake to announce the reasons for the conclusion reached — not in as methodical order as I would like; trial judges have to press hard on the bit all the time and do not have the time to get their thoughts together in as good order as does a reviewing court.

I have given this case more than ordinary attention from the time it began, as it presents an interesting point of practice.

The evidence offered by plaintiff discloses that the fire was first discovered by the night…