Durham v. Musselman

Durham., in his declaration against Musselman, charges in the first count that Musselman, on his unenclosed land in Johnson county, cut a large tree so that it was nearly ready, and always liable to fall, and then built a fire around it, and negligently and unlawfully left it burning, and always liable to fall; which tree, afterwards, on the same day, fell upon and killed the mare and colt of the plaintiff. In the second count, he states that his mare and colt were running at large, *97in the unenclosed lands in Johnson county, and that the defendant knowing the same, hut contriving maliciously…