Sims v. Bennett

This action was instituted in the trial court by the defendant in error, plaintiff below, against the plaintiffs in error, defendants below, to recover damages to grassland and fence caused by fire. The parties will hereafter be referred to as they appeared in the trial court. The petition of plaintiff, filed March 31, 1950, alleged damages to his property in the amount of $491 as a result of fire communicated to his premises through the negligence of the defendants, and on same date summons issued which was thereafter returned by the sheriff in due time showing personal service on each of…