Kahle v. Hobein
Missouri Court of Appeals
Appeal from Gasconade Circuit Court, Hon. Rudolph Hirzel, Judge. Statement of case by the court. This action was begun before a justice of the peace under section 2129, Bevised Statutes, and is based on the following complaint, to-wit: “Plaintiff states that on or about thé third day of .April, 1887, at the county aforesaid, one William Hobein did then and there wilfully set fire the woods on his •own land, which said fire spread over the woods of the neighborhood on to the…
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Appeal from Gasconade Circuit Court, Hon. Rudolph Hirzel, Judge. Statement of case by the court. This action was begun before a justice of the peace under section 2129, Bevised Statutes, and is based on the following complaint, to-wit: “Plaintiff states that on or about thé third day of .April, 1887, at the county aforesaid, one William Hobein did then and there wilfully set fire the woods on his •own land, which said fire spread over the woods of the neighborhood on to the land of the plaintiff, Fritz Kahle, •consuming on the same about eight hundred rails and a lot of fire-wood of the value…
1Opinion of the CourtEllison, J.
We are inclined to think the court took the right view of the statute. The evidence here •shows no intentional setting fire to the woods, but merely to burn the log and brush-piles on defendant’s clearing. The section of the statute under which the action is ■brought is as follows :
“Sec. 2129. Id. Damages. — If any person shall wilfully set on fire any woods, marshes, or prairies, whether his own or not, so as thereby to occasion any ■damage to any other person, such person shall make satisfaction in double damages to the party injured, to be recovered by. civil action.”
Formerly the statute…
2Cases cited1 opinion
- Finley ex rel. Boone County v. LangstonSupreme Court of Missouri · 1848
3Cited by3 opinions
- Belk v. StewartMissouri Court of Appeals · 1912
- Russell v. ReaganMissouri Court of Appeals · 1889
- Morris v. MattinglyMissouri Court of Appeals · 1920