Saunders v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Benson, J.:

This was an action to recover damages by fire alleged to have' been caused by operation of the defendant’s railroad. (Laws 188.5, ch. 155, § 1, Gen. Stat. 1909, § 7079.) The verdict was for the defendant.

Two errors are assigned: (1) the refusal of the court to direct the jury to answer certain questions of fact; (2) that incompetent evidence was received. At the proper time the appellee presented questions of fact and asked that they be submitted to the jury. The appellant submitted no questions and made no request or objection concerning…