1 Iowa 108 | Iowa | 1855
Tbe error assigned and relied upon^sre, is tbe giving tbe instruction above set forth. And this involves tbe question whether tbe defendant was liable, unless be was guilty of gross negligence in setting out said fire, and permitting tbe same to escape. To determine this, it is not necessary to discuss tbe question, whether tbe plaintiff should prove negligence on tbe part of defendant, in tbe first instance, in order to recover; or whether, having established tbe setting out the-fire, the escape of tbe same, and tbe injury resulting, it was not then tbe duty of tbe defendant to negative tbe negligence, that, in tbe absence of proof, might otherwise be presumed. ¥e say it is not necessary, because tbe doctrine here announced is, that plaintiff must not only
Would he not be liable in the absence of any negligence, quere t
Judgment reversed.