Thoburn v. Campbell
Supreme Court of Iowa
Appeal from Emmet District Court. — Hon. George H. Carr, Judge. In October, 1888, both plaintiff and defendant had hay stacks on the same section in Emmet county. On the thirtieth day of the month a destructive prairie fire was raging and approaching the stacks of both parties; the stacks of the parties being somewhere from one-fourth to a half mile apart.
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Appeal from Emmet District Court. — Hon. George H. Carr, Judge. In October, 1888, both plaintiff and defendant had hay stacks on the same section in Emmet county. On the thirtieth day of the month a destructive prairie fire was raging and approaching the stacks of both parties; the stacks of the parties being somewhere from one-fourth to a half mile apart. When the fire was within from sixty to one hundred rods of defendant’s stacks, he sought their protection by setting a back fire, which got beyond his control, and spread towards the plaintiff’s stacks, which were consumed, either by the…
1Opinion of the CourtG-eang-ee, J.
— It is important that we keep in view the issues presented for trial by the pleadings. The petition, in brief, says that the defendant set out the .fire, and unlawfully allowed it to escape beyond his control, whereby his (plaintiff’s) stacks were burned. The defendant denies that he did so. Both the testimony in the case, and the instructions of the court, are directed to the facts thus put in' issue. The court instructed the jury that if the defendant set out the fire, and allowed it to get beyond his control and burn the stacks of the plaintiff, he was liable for the damage. Appellant…
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