Insurance Company of North America v. Sheinbein

McINERNEY, Justice.

The only question necessary for us to decide on this appeal is whether the intentional lighting of a grass fire on a residential lawn results in strict liability for damages caused by a non-negligent loss of control of the fire.

In March, 1967, Gloria G. Sheinbein, defendant, started a grass fire on the lawn of her home to burn the old grass and weeds. She testified that she had trouble lighting the fire because there was no wind, that the grass burned slowly, that the fire went out once, that she again had trouble lighting it, and that she had a water hose to control the…