Penniman v. Spencer

Fred A. Penniman claims of L. D. Spencer $700 in damages for having started a grass fire on his property and negligently allowed it to spread so that sparks therefrom set fire to plaintiff’s barn, which was thereby destroyed, together with a wagon, a quantity of hay, some lumber and tools stored therein, and some fruit trees growing near-by.

Defendant denied responsibility for plaintiff’s loss. From a judgment in favor of the plaintiff for $480 defendant appealed.

The evidence shows that defendant started a fire in the grass on his premises and negligently allowed it to spread so that sparks…