Propert v. Flanagan

Opinion bt

Mr. Justice Kephart,

This action was brought to recover for loss of a bam and outbuildings destroyed by fire. The court below directed a nonsuit for the reason plaintiff: failed to establish the fire was due to the negligence of defendant' alone; it might have come from one of three causes: a fire on another property adjoining defendant’s, a defective stove pipe in plaintiff’s washhouse, or the fire on appellee’s dump. The negligence charged and attempted to be proven was starting and continuing a fire in a dangerous place, among materials that were carried by high winds then ensuing.