Dayton Veneer & Lumber Mills v. Cincinnati, N. O. & T. P. Ry. Co.

After a mistrial to a jury, the district court entertained and granted, pursuant to Civil Procedure, rule 50(b), 28 U.S.C.A. following section 723c, a motion of the defendant-appellee for a directed verdict.

The cause of action of plaintiff-appellant for damages sustained in the stipulated amount of $52,312.17, from destruction by fire of its lumber mill at Dayton, Tennessee, was grounded upon the alleged negligence of the employees of the appellee railroad company in lighting and in failing to extinguish a grass fire along its right-of-way.

The sole issue here is whether the record contains…