109 N.W. 61 | N.D. | 1906
This is an action to recover compensation for the destruction of plaintiff’s property by a prairie fire. It is alleged that the defendant negligently kindled the fire on his premises, and negligently permitted it to spread so as to cause the damage complained of. It is undisputed that the fire in question was started on defendant’s premises and spread from there to plaintiff’s ranch about seven or eight miles distant, and destroyed plaintiff’s property. The defendant, however, did not kindle the fire and was in no manner responsible for the kindling thereof. He discovered the fire, however, a few minutes after it started. It is conceded that the defendant is not liable for the damages caused by the fire unless his failure to extinguish it after discovering it was due to some omission of duty on his part. The charge to the jury on this question was as follows: “In determining the question of negligence, if you find from the evidence that
This error in the instructions requires a reversal and a new trial.