Toledo, Wabash & Western Railway Co. v. Morgan

The verdict in this case is so manifestly against the weight of the evidence that the court ought to have set it aside and aw a rded a new trial.

Three distinct causes of action are alleged in the declaration, neither of which is supported by the evidence :

First—The alleged destruction of a quantity of wheat in the stack, by fire said to have been caused by fire sparks emitted from a locomotive engine on appellant’s road.

Second—The destruction, by a like cause, of a quantity of board and hedge fence on the farm of appellee.

Third—Damages sustained by reason of the alleged overflow of appellee’s…