Potter v. Great Northern Railway Co.

Stone and Quinn, J. J.

(dissenting.)

We concur in the opinion of the learned trial judge that the verdict rests solely on conjecture and therefore should not be permitted to stand. Circumstances forbid extended discussion. The case in this jurisdiction most clearly in point is that of Trustees v. C. M. & St. P. Ry. Co. 119 Minn. 181, 137 N. W. 970. There, a country church had been burned by a fire which, the evidence indicated, started in the dry grass some distance away. There was testimony tending to eliminate every cause other than sparks thrown from defendant’s locomotive. That element, it…