Miller v. Johnson

Stevens, 0. J.

This is an action at law, to recover as damage's the market value of a quantity of oats, which appellee alleges were destroyed, or completely ruined, by a fire negligently set by appellant. The oats, which were grown on a portion of appellant’s farm which he had.leased to appellee, were stored in a building on the premises, and belonged to them jointly — one third to the former and two thirds to the latter.

The answer of the appellant in a single division or count admitted that the building in which the oats were stored was burned on or about March 30, 1925, denied each and every…