Bowles

This action was brought to recover damages alleged to have been sustained by plaintiffs through the negligent act of defendants. It is alleged in plaintiffs’ complaint that defendants negligently kindled a fire adjacent to the apiary of plaintiffs, and negligently permitted the fire to escape from the place where it had been kindled, with the result that it destroyed one hundred and thirty stands of bees belonging to plaintiffs, together with the equipment of the apiary. Plaintiffs sought not only to recover for their pecuniary loss, but also treble damages, as provided for in section 3344 of the Political Code. The trial judge, however, while he made his findings in favor of the plaintiffs, ordered judgment for the amount of six hundred and twenty-four dollars and fifty cents, that sum being found to be the actual value of the property destroyed. The defendants appealed from the judgment and from an order denying their motion for a new trial.

On this appeal the questions to be determined relate mainly to the question of sufficiency of the evidence to sustain the findings of the trial court. While there are a number of errors assigned as to rulings of the court made during the…