Dumbeck v. Chicago Great Western Railroad

Olsen, C.

Appeal by defendant from an order denying its motion for judgment or a new tidal. '

Plaintiff sued to recover damages for the burning of a barn and some items of personal property owned by him in the village of Elysian in this state. He claimed the burning ivas caused by sparks negligently permitted to be scattered and dropped' from a locomotive of one of defefidant’s trains running past his premises on defendant’s railroad track. Plaintiff recovered a verdict.

Defendant contends that the evidence does not sustain the verdict; that the evidence as to the cause of the fire left that…