Jacobs v. Andrews
Supreme Court of Iowa
Appeal from the Henry District Court. The petition in tbis cause charges that the defendant, willfully and negligently, and without proper care and caution, intending and contriving to injure the plaintiff, set fire to the grass and herbage on defendant’s land adjoining that of plaintiff, and negligently allowed the fire to spread, and pass to the premises of plaintiff, whereby the property of plaintiff of great value, was destroyed and burned.
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Appeal from the Henry District Court. The petition in tbis cause charges that the defendant, willfully and negligently, and without proper care and caution, intending and contriving to injure the plaintiff, set fire to the grass and herbage on defendant’s land adjoining that of plaintiff, and negligently allowed the fire to spread, and pass to the premises of plaintiff, whereby the property of plaintiff of great value, was destroyed and burned. On the trial, the court instructed the jury as follows : “ That although the jury should conclude from the testimony, that the defendant set out the…
1Opinion of the CourtStockton, J.
The question involved in the present cause, has been before this court in various forms, and the principle that fixes the liability of the defendant, has been several times decided.' In the case of Defrance v. Spencer, 2 *507G-. Green, 462, it was held, that when from good motives, and under prudential circumstances, a person sets out fire, and uses such care and diligence to prevent it from spread-, ing, as a man of ordinary caution would use to prevent it from injuring his own property, he is not liable for the damage it may do to the property of others.
In Hanlon v. Ingram, 1 Iowa, 108, it Avas…
2Cases cited1 opinion
- Hanlon v. IngramSupreme Court of Iowa · 1855
3Cited by1 opinion
- Conn v. MaySupreme Court of Iowa · 1873