Case v. Hobart

This case presents a pure question of fact. It was an action to recover damages sustained by reason of the alleged negligence of the defendant in setting fire to some stumps upon Ms own land, and in not properly watching and tending the same, whereby the fire communicated to the premises of the plaintiff and burned up the standing timber, cord-wood, and fence thereon. At the close of the plaintiff’s testimony the defendant moved a nonsuit, for the reason that there was no evidence going to establish the negligence, and the court granted the motion, from which the plaintiff appeals. A careful…