Briggs v. . N.Y.C. and H.R.R.R. Co.

At the close of the plaintiffs' testimony the defendant's counsel moved for a nonsuit upon two grounds. First. That there was no evidence that the fire took from sparks from the switch-house; and second, that there was no evidence of negligence on the part of the defendant, its agents or servants in using or operating the stove or pipe in the switch-house.

The evidence showed that the pipe of the stove in the switch-house was not more than fifteen feet from the plaintiffs' ice-house, and about opposite the centre of it, the building being of wood, about 260 feet long, and running nearly…