Sorenson v. Switzer
North Dakota Supreme Court
From a judgment of the District Court of Morton County, J. M. Hanley, Judge, appellant appeals. The findings of fact are wholly insufficient to sustain the conclusions of law. The statutes fix the liability for damages resulting from the setting of fires. Comp.
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From a judgment of the District Court of Morton County, J. M. Hanley, Judge, appellant appeals. The findings of fact are wholly insufficient to sustain the conclusions of law. The statutes fix the liability for damages resulting from the setting of fires. Comp. Laws 1913, §§ 2791-2793, and 2808. The defendant Switzer, under the oral lease, had no authority to direct Van de Klashorst in the use of the premises, and he was not subject' to the orders of Switzer, nor was he a servant or agent. 24 Cyc. 880, 1061. The landowner is not liable for damages resulting from fire caused or set by an…
1Opinion of the CourtChristianson, J.
This is an action to recover compensation for the ■destruction of plaintiff’s property by a prairie fire. The case was tried to the court without a jury, and resulted in a judgment in favor of the plaintiff for $200. The defendant Switzer alone appeals. The findings of fact are conceded to be correct, and appellant’s sole contention is that the conclusions of law are not warranted by the facts found.
The material facts as found by the trial court are substantially as follows: The defendant Switzer was the owner of a farm in Morton county, which he leased to his codefendant, Van De Klashorst,…
2Cases cited8 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Anderson v. . BoyerNew York Court of Appeals · 1898
- Rogers v. ParkerMichigan Supreme Court · 1909
- Forzen v. HurdNorth Dakota Supreme Court · 1910
- Shute v. Princeton TownshipSupreme Court of Minnesota · 1894
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3Cited by2 opinions
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