Comer v. Newman

Lumpkin, Justice.

In this case we felt constrained to grant a new trial because of a fatal defect in the plaintiff’s evidence. His action was brought to recover damages alleged to have been occasioned to his land by setting lire to and burning undergro wth, straw, leaves, and timber thereon. The injury complained of was not a mere injury to his term, or to his right to occupy the land for the time being, as would have been tbe ease of a tenant; but it was an injury to the freehold, and therefore one giving a right *435of action only to the owner or owners of the legal title. Indeed, the plaintiff…