White v. Chicago, Rock Island & Pacific Railway Co.

The opinion of the court was delivered by

Porter, J.:

The sole question in this appeal is whether the trial court erred in granting a new trial.

The action was to recover the value of com and stalks in a field burned over by fire, alleged to have been caused by the negligent operation of one of defendant’s trains. The jury returned a general verdict for defendant. The court set the verdict aside and granted a new trial on the sole ground that the verdict was not sustained by the evidence. The plaintiff’s evidence showed that he was the owner of the premises and that the fire was set out by the…