City of Purcell v. Hubbard

BERRY, Justice.

The City of Purcell, herein referred to as defendant, or the City, has appealed from a judgment rendered upon a jury verdict in plaintiff’s favor, in an action brought to recover damages to realty. A single issue is dispositive of the appeal, so that extended recitation of the pleadings and evidence, and/or discussion of the different assignments of error is unnecessary.

Plaintiff sued to recover damages occasioned by fire which escaped onto his property from a particularly described, contiguous tract owned by defendant. There was an open ditch upon defendant’s land which was…