Clarice v. N. Y., N. H. & H. R. R.

The defendant petitions for a new trial of an action wherein a verdict has been rendered for the plaintiff for damage to woodland which was set on fire by defendant’s engines.

The first point set ont in the petition, as to remarks of plaintiff’s counsel in opening, needs no consideration. It contained nothing improper or prejudicial.

The second, as to the allowance of certain questions alleged to be leading, is equally unimportant.(1) The third is that the court erred in admitting testimony as to the damage done by the fire to growing trees. The plain tiff had made an agreement in writing…