Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1880-03-10

destruction of property, does not
exercise the care of man of COM
mon prudence.
A person employing or using
dangerous agent, is required to use
care in proportion to the danger of
such agent; he is also required to
use a greater amount of care where
property near its road, from its ma
ture, is more likely to be destroyed.
The authority to run locomo-
tive propelled by steam gives no
authority to run it if effectively
constructed, or to run it carelessly
if thereby sparks or fire would be
thrown or dropped sufficient to set
fire to property along its track.
You are instructed that a fact
may be established by circumstan-
tial as well as by direct testimony,
and if you are satisfied by the cir
cumstances in evidence concerning
the fire mentioned in this action that
such fire.was caused by the care
lessness of defendants agents in run
ming its engines, then your verdict
must be for plaintiff.
DEFENDANTS INSTRUCTIONS.
| The following were given ON be-
half of defendant:
The only negligence charged by
plaintiff is that defendants engines
were not properly constructed; that
they weren0t carefully run. SO if
you believe from the evidence that
the engines Of defendant were prop.
erly constructed and carefully run,
4 you must find for it.
Unless you find from the prepon-
derance Of evidence, that defend
ants engines were improperly con-
structed or carelessly run. you must
find for defendant.
You have no right to guess that
the fire was caused by any engine or
engines-of defendant, or by any acts
of it.;gg9a1i eqA
tfi IL you believe, from the evidence,
that defendants engines were prop
erly constructed and carefully run,
you must find for it.
1t is the business of plaintiff to es-
tablish his case by a preponderance
of evidence. If the evidence is
equally balanced you must find for
defendant.
The only evidence upon which you
can base u verdict is that offered to
you and allowed by the court in
progress of the trial; and that must
be such as to properly produce con-
nection in your minds. You must
not guess anything.
If you find for the defendant the
form of your verdict, after giving
the title of the case, will be: I'VE,
the jury, find for the defendant"
JUDGE sEAwELL's CLOSING INsTRUc-
TIoNs.
If the Jury should believe, from
the evidence, that the fire was not
caused by sparks or Goals of fire es-
Gaping from the engine or engines
of the defendant, your verdict should
be for the defendant.
The emission of sparks from
locomotive engine is not of itself H.
legal if such engine has, and there is
used thereon the best generally known
practical appliances within reach of
its owner 10 prevent the destruction
of property by fire, and if such engine
is carefully and skillfully run and
managed.
And if the jury should, from the
evidence, believe that the fire was
caused by sparks or Goals of fire es.
Gaping from the engine or engines of
the defendant, and that the defend.
ant, at the time of such fire, used
upon such engines the best generally
known practical appliances within
its reach to prevent the destruction
of property by fire, and approved by
experienced railroad operators and.
mechanics, and that such engines
were not carelessly or negligently
run or managed, then the jury should
find verdict for the defendant.
If the jury should, from the evil
dence, believe that the plaintiff is
entitled to recover, then your verdict
should be for the value, at the Mound
House, of the goods, on the 18th day
of September, A. ID. 1879, with, inter-
est on such value from the 18th day
of September, A. D. 1879, to the time
of your verdict, at the rate of ten per
cent. per annum.
Any nine Of the jurors can agree
upon verdict.