Johnston v. Marriage

The opinion of the court was delivered by

Mason, J.:

P. A. Johnston suffered severe loss from a fire which apparently originated upon or near the premises of John Marriage and spread over a large tract of country. He sued Marriage to recover compensation, alleging that his injury was occasioned by Marriage’s having “negligently and carelessly .set fire to the dry grass of the prairie” while engaged in charring posts. A jury trial was had, which resulted in a verdict and judgment for the defendant. The plaintiff prosecutes error.

The court took the view that a recovery might be-had upon either of…