Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

*433flared up and burned his property shortly before it was reached by one of the great fires which swept through northeastern Minnesota at the close of that day.

Defendant introduced evidence to show that on and prior to October 12 fires were burning west and northwest of and were swept by the wind towards plaintiff’s premises. It did not show how such fires originated, neither did it clearly and certainly trace the destruction of plaintiff’s property to them.

By cross-examination of defendant’s witnesses and by his rebuttal evidence, plaintiff made a showing which would have justified the jury in…