State v. Boston & Maine Railroad

The motions for a nonsuit, a directed verdict and a judgment notwithstanding the disagreement of the jury are based in part on the proposition that on all the evidence the jury could not properly find that the defendant’s locomotive started any fire on the railroad right of way. In several cases where it has been found that the railroad started the fire, there was evidence of other fires caused by the railroad under similar circumstances. Since there is no such evidence in this case, it is said that these cases are distinguishable and cannot be used by the plaintiffs to avoid directed…