Whiteside v. Tyner

Jim Johnson, Associate Justice.

This is a suit for negligent burning of another’s land seeking double damages under the provisions of Ark. Staff. Ann. § 41-510 (Repl. 1964).

Appellant Robert E. Whiteside, a nonresident land owner, filed suit in Fulton Circuit Court against appellee M. L. Tyner, alleging that on March 3, 1961, Tyner, an adjacent land owner, was burning trash, brush and grass on his land and that Tyner negligently allowed the fire to escape to the land of Whiteside; that the fire burned over a number of acres of pine trees causing actual damage to Whiteside’s property in the…