Koos v. Roth

*14THORNTON, J.

The issue presented in this appeal is liability for the escape of a field burning fire. Defendant is a commercial grass seed grower. Plaintiffs brought this action to recover for property damage they allege was caused by the escape of a field burning fire from defendant’s property to their own. At trial, both parties moved for directed verdicts. Plaintiffs’ motion was denied and defendant’s motion was allowed. On appeal, plaintiffs assign error only to the denial of their own motion. We reverse.

Plaintiffs are the owners of property which is adjacent to property leased by…