Lanning v. Chicago, Burlington & Quincy R'y Co.

We shall consider the objections to the judgment of the district court in the order of their discussion by counsel.

i. evidence market price: witnesses1: I. The evidence tended to prove that the fire set out by defendant’s engine injured or destroyed a hedge and certain grape-vines in a vineyard upon plaintiff’s lands, Two witnesses were permitted to testify to the value of the hedge and vines in order to establish plaintiff’s damage sustained by their injury or destruction. This evidence, counsel for defendant insist should not have been admitted, for the reason that it consisted of an…