Davenport v. McClellan

The opinion of the court was delivered by

Bergen, J.

The plaintiff’s case established these facts: The defendant built a fire in one of the public streets of East Orange for the purpose of burning leaves which he had collected in a heap which was about two feet wide and three feet long; that after the fire had been burning about an hour, he left it unextinguished and unguarded, and the plaintiff, a child of about five years of age, playing in the street, gathered other leaves and put them on the fire, thereby causing a flame which set fire to his clothing and he was severely burned, resulting…