Moranda

This action was brought by appellants against respondents, as set forth in the first count of their complaint, for negligently, intentionally and maliciously setting out fire on the lands of defendants within twenty yards of plaintiffs’ lands, and on plaintiffs’ land and for negligently permitting same to be communicated* to, and to burn over the lands of plaintiffs, thereby destroying fruit, nut and shade trees, fences, wood, etc., to plaintiffs’ damage. And in the second count of said complaint appellants further allege that by reason of the destruction wrought by said fire in burning the said fences and driftwood and drift, the levees protecting the land of plaintiffs broke and washed out, and as a result thereof plaintiffs’ said land was flooded and trees and vines thereon were destroyed, to plaintiffs’ damage.

The action was tried by the court without a jury, and at the close of plaintiffs’ evidence the court granted a non-suit as to defendants Sophia Mapes, Sophia Bollinger and Nanette Bollinger, and at the close of defendants’ evidence, and upon submission of the case, the court rendered judgment in favor of defendants, and from this judgment plaintiffs have appealed.

It…