
    CARROLL.
    Brown v. Wiggin.
    The propriety of sending to the jury a chalk, referred to in testimony, is a question of fact to be determined at the trial term.
    Case, for kindling a fire on the defendant’s land so carelessly that it spread to the plaintiff’s land and consumed his timber. Subject to exception, a chalk, showing the location of places referred to in testimony, and used in the examination of witnesses, was sent to the jury after they retired to consider their verdict. Verdict for the defendant.
    
      Sawyer and Copeland, for the plaintiff.
    Weeks, for the defendant.
   Bingham, J.

The propriety of sending the chalk to the.jury was a question of fact to bo determined at the trial term.

Judgment on the verdict.

Smith, J., did not sit: the others concurred.  