Johnson v. Chicago & Northwestern Railway Co.

1. Evidence : made°orÑ leased land. I. Counsel for defendant insist that the plaintiffs failed upon the trial to show that they owned

hay for the burning of which the action is brought, and that an instruction to the jury asked by defendant, directing a verdict on that ground, ought to have been given. We think the instruction was rightly refused. The testimony tends to show that plaintiffs had leased the land from one who they understood was the owner, and had cut and stacked the hay thereon. The land was unbroken prairie, but was wholly or partly fenced. The persons of whom the plaintiffs-…