Maris

This is an appeal from a judgment in favor of the plaintiff in an action brought to recover damages for the destruction of property by fire caused by the alleged- negligent operation of a donkey-engine belonging to defendant and being operated by it near the location of the property so destroyed by fire. For the purposes of this appeal the parties thereto have stipulated as to certain matters, such as the ownership of the property, the insurance thereof, payment of premiums, filing of the proofs of loss, payment of the claims by the insurance companies, subrogation of the alleged causes of action to the insurance companies, and the assignments thereof to the plaintiff, thus eliminating the necessity of presenting much of the pleadings and evidence upon the appeal, and confining the1 questions presented thereby to three groups, namely, (1) the insufficiency of the evidence to show that the engine operated by the defendant caused the fire; to show that such engine was negligently operated, and to prove the amount of damages sustained; (2) errors in the admission or rejection of certain evidence, to be hereafter specifically referred to, and (3) errors in the giving of certain…