City of Marion v. Nunn

Opinion op the Court by

Morris, Commissioner

Reversing.

Dr. F. W. Nunn, prior to Ms death in 1935, owned 120 acres of land adjacent to the reservoir of the Marion Water system which appellees, Ms widow and children, inherited and were in possession of, when in September, 1939, an employee of the city set fire to brush near the reservoir which spread to their property, and destroyed fruit trees and growing crops.

In action for damages judgment went for plaintiffs on a verdict awarding $7,396, from which appeal is prosecuted. In pleading it was alleged that the city was at the time' operating the…