Wangensteen v. Northern Pacific Railway Co.

Youngdahl, Justice.

Plaintiffs brought an action in district court against defendants for damages on account of a grass fire started by one of the locomotives of defendant railway on plaintiffs’ property near Lake Park. At the time of trial, plaintiffs dismissed the action against defendant Carlson. The railway company admitted liability at the trial, and the case was submitted to the jury on the issue of damages alone. A verdict of $105 was returned for plaintiffs.

At the opening of the term on September 13, 1913, the case was set for trial on September 21. On September 11, defendant tendered…