Nicholson v. Buffalo, Rochester & Pittsburgh Ry. Co.

Opinion by

Mr. Justice Frazer,

Plaintiff sued to recover for the loss of his barn and contents resulting from a fire which originated along defendant company’s right-of-way. At the trial, appellant gave no evidence and presented a point for binding instructions which was refused and a verdict rendered for plaintiff in the sum of $4,000. Defendant appealed, assigning for error refusal of the court below to affirm its point for binding instructions and in subsequently declining to enter judgment non obstante veredicto for defendant.

Defendant’s employees, on the morning of May 9,1928, were engaged…