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An action against a railroad company for damage caused by fires started or set out along or near the right-of-way by locomotives raises questions concerning which no little confusion has crept into the cases. A great deal of the difficulty arises out of a failure to recognize the theories upon which such actions, under modern statutes, are brought, and the kind and effect of the various presumptions that arise with respect to the issues involved. Many cases eventually result in erroneous decisions because counsel, failing to invoke the proper presumptions, neglect to demand such rulings of the judge as they are entitled to under the law. Juries not infrequently are permitted to return verdicts when, as a matter of law, the case should never have gone to the jury in the first place.

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Establishing Railroad Liability for Fires (with E. A. Harper), 77 University of Pennsylvania Law Review 629 (1929)

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