Taylor v. Lusk

We all agree that this case should be reversed and remanded, but for somewhat different reasons. The case was first assigned to Robertson, P. J., and the following statement of facts prepared by him, with some slight modifications, will be adopted.

Plaintiffs’ sawmill, near defendants’ railroad, was destroyed by fire. They sued defendants and obtained a judgment from which defendants have appealed. The trial was to a jury and the defendants submit here that the verdict should have been directed for them and that an instruction given in behalf of plaintiffs which authorized a verdict in their…