EVANS, Circuit Judge.
Appellant was a contractor engaged in the construction of a hard road adjacent to appellee's farm. Appellee owned 240 acres of land upon which were located a barn (36' × 50') housing hay, harnesses, implements, etc.; a corn crib (30' × 32') in which were 300 bushels of corn; two hog houses (8' × 50') in which there was stored lumber, etc.
It was the theory of appellee, and the jury so found, that the fire which destroyed...
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