Whalen

This is an original application for a writ of mandate to compel the respondent to enter judgment for treble damages in favor of petitioner in an action prosecuted by her against the Postal Telegraph-Cable Company and others.

The case was tried before the court, without a jury, and the court found that, on August 8, 1926, the defendants negligently set fire to “weeds, grass, and vegetation” growing on the plaintiff’s land and negligently suffered the fire to spread and destroy the plaintiff’s barn; that by reason of such negligence “plaintiff has suffered the loss of her said barn and has thereby suffered actual damages in the sum of $573.38,” the actual value of the barn. The court made the following conclusions of law and direction for entry of judgment:

Six days after the entry of such judgment the petitioner made demand upon respondent to enter judgment in her favor in the sum of $1,720.14, being for treble damages. On respondent’s refusal to comply with the demand, this proceeding was commenced. Thereafter, September 1, 1928, the petitioner herein, as plaintiff in the action for damages, filed a notice of appeal to this court from the judgment entered by the clerk in that…