Boomer

The case before us for review is one wherein plaintiffs were awarded a judgment for $2,500 as damages suffered through the loss by fire of their house.

The complaint briefly alleges that plaintiffs were owners jointly of a dwelling-house to which the defendant, without any right, license or permission so to do, attached its high-powered electric wires, and that by reason thereof plaintiffs’ house was totally destroyed by fire on March 9, 1921; that said fire was caused by the electric wires so attached to plaintiffs’ house and by reason thereof plaintiffs suffered damages, etc.

The answer in brief and concise form denies each and all of the allegations of the complaint.

Defendant and appellant in urging a reversal of the judgment makes two contentions:

First. That the complaint is based on trespass and not on negligence, while the findings fail to find on the issue of trespass, but do find on an issue of negligence, which is nowhere raised in the pleadings.

Second. Even if the pleadings could be interpreted as raising an issue of negligence, the evidence in the record is insufficient to support the finding of negligence.

We have this day filed an opinion in the case of J. A.…