Atkinson v. Atlantic & Pacific Railroad

This was an action to recover .damages for the destruction of three hundred and seventy fence rails, and for injury done to a large number of forest trees growing upon plaintiff’s land, which destruction and injury were alleged to have been occasioned by the negligent escape of fire from a locomotive of the defendant.

The plaintiff made a prima facie case of negligence against the defendant, which it did not attempt to rebut, and it .will therefore be unnecessary to notice the instructions given and refused by the court on that subject.

The only question in the case is as to the measure of…