State Forester v. Obrist

Plaintiff brings this statutory action to recover the cost of controlling and extinguishing a forest fire. Plaintiff appeals from a judgment entered on an order •sustaining a demurrer to plaintiff’s complaint on the ground that the' complaint failed to allege facts sufficient to constitute a cause of action.

The complaint alleged that in the operation of an •engine.defendant set fire to inflammable grass, stubble and debris and that the fire spread uncontrolled to for.est. land where it continued to burn until extin*65guished by plaintiff. It is alleged that “the defendant accidently or…