Fay v. Cox

Plaintiff and defendant owned and occupied adjoining tracts of land in Stanislaus County. On the morning of June 7, 1916, a fire started on the ranch of defendant, subsequently spreading to that of plaintiff on the south, and destroyed about 150 acres of standing ripened barley, which plaintiff alleged was of the value of $4,464. Plaintiff claimed that defendant, by reason of his negligence, was responsible for this destruction of the grain. The theory of the contention is found in the following allegation of the complaint: “That on the seventh day of June, 1916, the defendant above named was…