Wabash Railroad v. Miller

Black, J. —

The appellant was sued by the appellee for the recovery of damages for injuries to his property from fires permitted, through appellant’s negligence, and without the appellee’s fault, to escape from its right of way. The complaint contained three paragraphs, each relating to a separate fire. An answer of general denial having been filed, the cause was tried by jury, and a special verdict consisting of interrogatories with the jury’s answers thereto was returned. Damages were assessed by the jury upon each paragraph of the complaint, the total being 11,701.38.

The only findings…