Brereton v. Dixon

CROCKETT, Chief Justice:-

Plaintiff, Rulon Brereton, sued the defendant, Ralph Dixon, alleging that the latter negligently permitted a fire in which he was burning rubbish in connection with a construction project to escape and destroy the usefulness of 111 peach and pear trees, being about one-third of plaintiff’s three-acre orchard adjacent to his home in North Provo, Utah. A jury found the issues for the plaintiff and awarded damage of $5,700.

On appeal defendant concedes that the jury verdict on disputed evidence concludes the issue of defendant’s negligence, but assails the damage as…