Kirkham v. Leavenworth Light, Heat & Power Co.

(dissenting) : The rejected evidence appears to me to be competent under numerous decisions of this court, and in accordance with the doctrine laid down by Professor Wigmore.

The ultimate fact to be determined by the jury was, not where the fire started, but the alleged negligence of the defendant in permitting the meter to get into a defective, old and worn-out condition,' or its wire connections to become defective The expert witnesses who examined the premises certainly *864knew more than the jury as to where the fire started, and a case was presented in which the jury could and should have…