Bloomquist v. Buffelen Manufacturing Co.

This is an action to recover for the damage to plaintiffs’ timberlands caused by the defendants’ negligent setting of slash fires, which spread to plaintiffs’ lands.

The jury returned a verdict for defendants, and plaintiffs appeal.

The respondents interposed the defenses that (1) the fire did not originate on their lands, and (2) they were not negligent.

There was no direct evidence of the origin of the fire that damaged appellants’ timber. Circumstantial evidence was relied upon by both parties. It related to the location of other fires, the lay of the land, the prevailing winds, the weather…