78 Iowa 94 | Iowa | 1889
II. The court, in an instruction, stated to the jury that defendant admitted in its answer that the fire was set out by its engine. The instruction is in accord with the facts. The answer denies all allegations of the petitions, except as otherwise admitted. The answer in the next count directly and positively admits that the fire was set out by an engine (No. 300) operated upon defendant’s railroad by one of defendant’s engineers.