Lombardi v. Wallad

For the first reason of appeal, the appellant assigns a section of the charge in which the court instructed the jury that the plaintiff could recover only upon the allegations presented in the pleadings, and that those allegations set out first a want of care in the way in which the fire was kindled, and second a want of care in leaving the fire unguarded while it was burning and without taking any precaution to prevent the plaintiff’s intestate from approaching so near to it as to get burned; and the court then stated that there was no evidence in the case which would justify a recovery on…