Clark v. Missouri Pacific Railroad

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for wheat burned by a fire caused by the railroad company. The jury returned a general verdict for plaintiff and answered special questions, from which a judgment for plaintiff larger than the general verdict could be computed. Plaintiff moved for judgment on the answers to the special questions. This motion was sustained. Defendant has appealed.

*770Defendant withdrew its motion for a new trial, hence the question whether the fire was caused by the defendant railroad is no longer in the case. Plaintiff was a tenant…