Robinson v. Turfitt

Turfitt, plaintiff below and appellee here, averred in his declaration that Robinson, defendant below and appellant here, through his employees and servants, while clearing farm lands of Robinson, set a fire on said lands, and “wantonly, negligently and carelessly allowed the fire so set . . .” to spread to the adjoining lands of Turfitt, thereby causing the damage for which the action was brought, and for which a verdict and judgment were rendered against Robinson. Section 3422, Code of 1930.

Robinson, by his plea, placed upon Turfitt the burden of proving (1) that the servants of Robinson…