Murray

Appeal from a judgment for the plaintiff and an order denying the defendant’s motion for a new trial. The plaintiff is the owner of a building and lot fronting on Los Angeles street adjoining the Huntington building, which extends from Los Angeles street to Main street and abuts on the north on Sixth street; and brought this suit for damages to his building and other property on his lot from fire, alleged to have been caused by the negligence of the defendant’s servants, who at that time were engaged in working on the Huntington building. There was no direct proof of the origin of the fire, which occurred in the early hours of the 6th of October; but it appears from the evidence that the work on which the defendant’s employees were engaged required the use of rivets heated to a white heat, which were habitually thrown from the heater to the riveter and caught by the latter in a bucket. It sometimes happened, however, that the rivets were not caught, but, while the men were working on the south side of the building, would sometimes fall over the line onto the land of the plaintiff, or the land of his neighbor adjoining on the rear. It was in proof that this happened twice on the…