People v. . N.Y.C. H.R.R.R. Co.

The action is to recover the damages from the burning of lands and the timber upon them of the plaintiff through the negligence of the defendant. The question presented is whether or not the trial court erred in directing the judgment rendered at the trial.

The lands were a part of the forest preserve of the state. The finding of the jury that the defendant negligently caused the burning has been affirmed by the Appellate Division and is not here attacked. The measure of the damages upon the trial as stipulated by the parties was the difference between the market value of the lands immediately…