Anderton v. Downs

JAMES W. BROADDUS, Special Commissioner.

This is an appeal by plaintiff, James Anderton, from an adverse judgment on a claim for damages on account of loss by fire of a ripened wheat crop in the field. The fire was claimed to have been caused by negligence of the defendant, William Downs, causing a fire to be communicated to the wheat field from a motor truck owned by defendant.

*102A jury was waived and the case tried to the court on plaintiff’s third amended petition which was in two counts. The first count was based on the res ipsa loquitur doctrine. The second count alleged specific negligence.…