Jno. L. Witney, Inc. v. Sierra Railway Co.

This is an action for damages resulting from a fire which was set out by defendant’s employees on its right of way, and which fire, it is claimed by respondent, destroyed its warehouse and contents.

At the conclusion of plaintiff’s-evidence defendant moved for a nonsuit and after the taking of evidence had been completed it moved for a directed verdict. Both motions were denied. The jury returned a verdict in favor of plaintiff for damages in the sum of $4,762. Defendant filed a motion for a new trial and the same was denied upon plaintiff’s agreement to remit the sum of $772.26 fróm the amount so found by the jury, and judgment was thereupon rendered for plaintiff in the sum of $3,989.74 for its actual damages. From this judgment defendant appeals. Respondent also appealed from the order of the court denying its motion to treble the damages, but upon its application its appeal has been dismissed.

One of the main contentions of appellant for a reversal is that the evidence produced by respondent failed to prove a sufficient case for the jury.

The evidence upon the part of respondent, in substance, was as follows: That on the afternoon of July 16, 1930, the employees of…