Bradley v. Chicago, Burlington & Quincy Railway Co.

This is an action for damages for the destruction of the plaintiffs barn by a fire kindled, as alleged, by reason of the defendant’s negligence. The defendant prevailed, and the plaintiff appeals.

There is practically no conflict in the evidence. The plaintiff principally complains that the instructions are erroneous. Since the plaintiff did not assist the trial court by requests to charge, the instructions should be sustained, unless, when considered together, they are prejudicially erroneous.'

The fourth subdivision of the second paragraph of the charge is criticised because the jurors were…