Yarnell v. Kilgore

Opinion of the court by

Burwell, J.:

This action was commenced by Thomas F. Yarnell, to recover for threshing for the appellant, who, by way of cross bill, alleged that Yarnell, while- threshing his grain, had, through the gross carelessness of himself and employes, permitted sparks to escape from the threshing engine and burned np his wheat, the value of which was alleged to be greatly in excess of the claim sued on. The jury found for the plaintiff, and the trial court, in passing upon the motion for a new trial -(ohe ground of which was that the verdict was not supported by the evidence)…