Jesperson v. Phillips

Action for setting fire to grass on defendant’s farm, and so negligently watching and tending the same that the fire extended to and burned over plaintiff’s farm, destroying hay, a building, and some fence. The only question in the ease is, was the evidence sufficient to justify a verdict for plaintiff? It was abundant to prove that defendant started the fire, — as he claims, for a back fire to protect his property from a fire already raging near and threatening his farm. On the question of negligence the evidence was not so full, but we think it was such as to make a case for the jury. It…