Helena Southwestern Railroad Company v. Coolidge

C. E. Coolidge sued the Helena Southwestern Eailroad 'Company to recover damages to his alfalfa field caused by fire alleged to have been communicated from a locomotive operated on the line of the railroad of the defendant.

There was a verdict and judgment in favor of the plaintiff in the sum of $1000, and the defendant has appealed to this court.

The first assignment of error is that the court erred in instructing the jury. In making this contention counsel for the defendant rely upon the action of the court in allowing the jury to find for the plaintiff independently of negligence, if it…