Chicago, Rock Island & Pacific Railway Co. v. Willis

The controversies involved in this case all seem ultimately to be involved in the findings of the jury as to the facts. The court instructed the jury that before the plaintiff could recover he must prove by a preponderance of evidence that defendant’s train set out the fire; that if the fire was started before the train arrived where the fire first occurred the defendant was not responsible, but if the fire started immediately after the train passed the jury might infer that the train set the fire; that if the jury found that the train set the fire it was prima facie evidence of negligence in…