Hicks v. Chicago & North Western Railway Co.

The principal contentions of the defendant are that the court erred in denying its motions for a nonsuit, for a directed verdict, for judgment notwithstanding the verdict, and in refusing to change the answer of the jury to question number one from “Yes” to “No.” All of defendant’s contentions are based upon the assertion that the evidence was insufficient to prove to a reasonable certainty that the original fire which concededly spread to plaintiff’s premises was set or was communicated directly or indirectly by a locomotive in use upon its railroad. Sec. 192.44, Stats. It will be necessary,…