DAVIS, Circuit Judge.
This is an appeal from a judgment of the District Court entered for the defendant upon the verdict of a jury.
The plaintiff below, Seaboard Refractories Company, alleged in its complaint that the defendant "set out a fire" upon its buildings at Valentines in Middlesex county, N. J., at or about 8 o'clock in the forenoon of August 16, 1923, because of the negligent and careless construction, equipment, and operation of one of its steam...
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