1 Denio 207 | Court for the Trial of Impeachments and Correction of Errors | 1845
This is an action on the statute concerning “the firing of woods,” (1 R. S. 696, § 1,) which provides, that “ every person negligently setting fire to his own woods, or negligently suffering a fire kindled upon his own wood or fallow land, to extend beyond his own land, shall forfeit treble damages to the party injured thereby.” It is also made a misdemeanor-, punishable by fine or imprisonment, or both, at the discretion of the court. No question of law arose on the trial. The cause ivas submitted to the jury under a proper charge from the judge, and they found a verdict for the defendant. The plaintiff moves for a new trial on the ground that the verdict is against evidence. In penal actions, when the verdict is for 'the defendant, new trials are not granted on the sole ground that the verdict is against evidence. (Seymour v. Day, 2 Str. 899 ; Mattison v. Allanson, id. 1238; Comfort v. Thompson, 10 John. R. 101; Overseers of Poor v. Lunt, 15 Wend. 565.) Actions for defamation and malicious prosecution are said to be penal in their nature; and they follow the same rulé, unless the case be such as to furnish evidence of pre
New trial denied.