Harker

Action by plaintiffs to recover damages from the defendant on account of the destruction of certain property by fire alleged to have been caused by the negligence of the defendant. Plaintiff B. L. A. Barngrover had judgment and defendant appeals.

The complaint sets forth that the respondent Barngrover is and was at all times mentioned therein the owner of certain real property and the buildings thereon situated in the county of Tulare, state of California, commonly known and designated as the Porterville Magnesite Mill; that the plaintiffs Barker and Hoff were at the times mentioned in the complaint in the possession and occupation of the premises referred to, as the lessees of the plaintiff Barngrover, and were engaged in mining of magnesite on the real property described in the complaint; that the buildings and machinery on said property comprised a compressor plant and a blacksmith-shop. The compressor plant, as well as the shop, was inclosed in the building; that the compressor plant and blacksmith-shop, together with the machinery and equipment therein, were in use on or about the twenty-ninth day of July, 1923, and had been in use for some time prior thereto in the…