Gibbons v. Wisconsin Valley Railroad

Lyoít, J.

This case was here on a former appeal' and is reported in 58 Wis. 335, where a sufficient statement of its main facts may be found. On that appeal a judgment for the plaintiff was reversed because of the admission of improper testimony. Another trial has been had, which also resulted in a verdict and judgment for the plaintiff, from which the defendant has again appealed.

1. The testimony on the last trial as to the condition of the two engines, one or the other of which, it is alleged, set the fire which burned the plaintiff’s lumber, shows that they were properly constructed and…