Chicago, Rock Island & Pacific Railroad v. Harris

Griffin Smith, Chief Justice.

Appellee as plaintiff below sued Bock Island for $1,250 to compensate damages claimed to have been sustained when fire spread to his grass land adjoining the defendant’s right-of-way. In the complaint it is alleged that the fire was "believed to have escaped” from the company’s property. In testifying Harris said: "I don’t know anything about the fire. I don’t have any idea how it got started — not the least idea. I would not undertake to say how it happened [for] I do not know.”

The jury returned a verdict for $950 upon which judgment was rendered. The court…