Minard v. West Jersey & Seashore Railway Co.

The opinion of the court was delivered by

Fort, J.

There are a number of reasons alleged for a new trial under the rule allowed in this cause, but upon the brief only three of them are discussed. We will consider them in their order, as found in the brief.

First. Because the plaintiff failed to prove by direct and sufficient evidence the defendant’s liability for the fire.

The proof was circumstantial. A train passed shortly before the fire. The building caught fire on the roof. Two or three small fires, near to the building, were also set soon after the engine passed. The proof here was for the…