Viera

Plaintiff brought this action to recover the value of seventy-four cords of stove-wood alleged to have been destroyed by fire on the tenth day of June, 1904, it being claimed that said fire originated from sparks escaping from defendant’s engine and falling upon the dry grass on its right of way, causing the grass to ignite, that the flames extended to and burned the grass upon plaintiff’s adjoining land, thus setting fire to and burning the stove-wood.

It is alleged that the fire was caused by defendant’s negligence in allowing dry grass and combustible materials to accumulate upon its right of way, and in allowing burning particles or sparks to escape and fall from its engine upon the said dry grass and set fire to it.

The jury, after hearing the evidence, returned a verdict for plaintiff in the sum of $481, which judgment was duly entered. Defendant made a motion for a new trial, which was denied, and this appeal is from the judgment and the order denying such motion..

There is no dispute as to the facts that a fire occurred, that the plaintiff’s stove-wood was burned and destroyed, and that its value was $481. The main contention of the defendant is that the evidence is…