Leuteneker v. Fisher

WARNE, J. pro tem.*

Respondents brought separate actions to recover damages to their lands as a result of a “controlled burn” which had been ignited on appellants’ land and escaped to the respondents’ adjoining lands. The eases were consolidated for trial and tried by the court sitting without a jury. The trial court found that the respondents had suffered damage to their lands by reason of the negligence and carelessness of the appellants in maintaining the fire on their said lands. A money judgment was rendered in favor of each respondent.

Subject to certain conditions appellants were issued…