Malloy v. Grand Trunk Railway Co.

(after stating the facts). The first and second propositions argued by counsel for defendant are the following i

“(1) The trial judge erred in refusing to direct a verdict for defendant, for the reason that plaintiff failed to sustain the burden of proof of showing that the fire was set by one of defendant’s locomotives as alleged in the declaration.

“(2) Time in a case of this nature is material and must be proved as alleged.”

It is said in argument that this court has held in several cases that while it is not necessary for the plaintiff to show by eyewitnesses that the fire was set by a…