Lillard v. Chicago, Rock Island & Pacific Railway Co.

John T. Lillard and others sued the Chicago, Rock Island & Pacific Railway. Company for damages on account of a fire set out by one of its engines. A jury trial resulted in a verdict for the defendant, and from the judgment based thereon the plaintiffs prosecute error. Error is assigned on account of the refusal to give this instruction:

“You are instructed that this single fire did not of itself prove negligence, but from the occurrence of a series of fires of a similar nature at or about the same time, when an engine in good order and properly handled does not ordinarily start fires, the…