Stephens v. Smith

HALE, Justice.

This is a damage suit. Appellant’s cedar yard, located adjacent to a ranch owned by appellee, was destroyed by fire on July 19, 1946. The ranch was being operated for appellee by Houston Schumacher. On the above date two sons of Schumacher, acting upon instructions of their father, burned a dead deer in appellee’s pasture at a point in the vicinity of the cedar yard. Appellant sued appellee for damages, alleging in substance that the fire set by the Schumacher boys for the purpose of burning the deer spread to and resulted in the destruction of his cedar yard; that the conduct…