Burke v. Howell

This action was commenced by the appellee against the appellant, to recover damages alleged to have been sustained on account of the wrongful act of the appellant in setting out a fire on his own land and negligently permitting it to escape to and over the lands of adjoining owners and from thence to appellee’s lands. The appellee had a verdict and judgment below.

The only assignment of error discussed by appellant’s counsel is the overruling of the motion for a new trial.

One of the questions in controversy on the trial was the value of certain hay which had been destroyed by the fire.

The…