Cameron, Joyce & Co. v. McLouth

EVANS, Circuit Judge.

Appellant was a contractor engaged in the construction of a hard road adjacent to appellee’s farm. Appellee owned 240 acres of land upon which were located a bam (36' x 50') housing hay, harnesses, implements, etc.; a com erib (30' x 32') in which were 300 bushels of com; two hog houses (8' x 50;) in which there was stored lumber, etc.

It was the theory of appellee, and the jury so found, that the fire which destroyed his bam and his com erib and hog houses was caused by appellant’s carelessly setting fire to a brush pile some 200 feet from the *7bam, the sparks from which…