William Howard Taft

“ There was evidence that there were people who resorted to the warehouse and slept there at times-sheep shearers and others; but no testimony shows that at the time of the fire there was any blowing of tumble weeds or other things which would convey fire. This is a case in which, if negligence is to be presumed, it must arise from the mere passing of the train followed by a fire. Nothing shows negligence by the engineer, the fireman, or the employees of the railway company. No one is able to suggest what it was that started the fire. There were many rats in the warehouse. ”

“ It is the proof of setting the fire, and not the fact that a building adjacent to a railroad right of way was burned, that raises the inference of negligence and shifts the burden of proof. In all the cases we have examined, including those from our own court, where the burden has been shifted from plaintiff to defendant, there has been some evidence from which the jury might infer with reasonable certainty that the fire would not have occurred unless set by the passing train. ”

“ Here no such proof was made, and the case stands as one of unavoidable accident, for the consequences of which the defendants are not responsible. The consequences of all such accidents must be borne by the sufferer as his misfortune.'
We think the trial judge was right in granting a nonsuit and the Circuit Court of Appeals in affirming it. ”