Stratton v. Union Pacific Railroad

Appellant brought suit against the Railway Company for damages sustained by him personally, and as assignee of sup*127posed claims for damages sustained by others, by fire alleged to have been set out from an engine of the defendant. The suit was brought in the county court; a trial had, resulting in a judgment for the plaintiff; the case was taken to the district court, a trial entered upon; at the close of plaintiff’s testimony defendant moved for a nonsuit, which was sustained, and an appeal prosecuted to this court.

The only question presented is whether the court erred in ordering a nonsuit.…