Clemons v. Dawkins Log & Mill Co.

Opinion op the Court by

Judge Thomas

Affirming-

During and prior to the month of April, 1930, the appellant and plaintiff below, J. D. Clemons, owned a tract of land in Breathitt county, Ky., containing about 425 acres and located on one of the tributaries of Upper Quicksand creek. It was mostly primtive forest with but little cleared land on it. Some time during the month'of April of that year, and when plaintiff was residing in the state of Indiana, a forest fire originating from some unproven source spread over his land, or a portion of it,, and burned a number of panels of rail fencing,…