Yeager v. Cooley

(After stating the foregoing facts.) The defendant contends that the plaintiff failed to make out a case that would entitle him to recover, in that there was no evidence showing any *454of the acts of negligence alleged, nor any evidence that the tractor was not equipped with a spark-arrester, or that the spark-arrester was defective, nor any evidence that the tractor was not operated in a careful and proper manner.

In an action for the recovery of damages resulting from a fire kindled on the property of the plaintiff, it is necessary that he shall show that the fire was negligently kindled or…