Two separate fires, one of which was started by an engine of Minneapolis, St. P. & S. St. M. Ry. Co. (Railroad) (defendant), merged and the merged fire burned Anderson’s (plaintiff) property. It is not clear how the other fire started. Anderson brought suit against the Railroad for negligence. The trial court ruled in favor of Anderson and denied the Railroad’s motions for judgment notwithstanding the verdict and new trial. The Railroad appealed.