Richter

The plaintiff had judgment in the sum of $500 for and on account of the destruction of property on lands belonging to him, by a fire alleged to have been set by the defendant for the purpose of burning grass on lands belonging to the defendant, and which fire it is alleged was negligently allowed to escape from the defendant’s lands. The cause was tried by the court sitting without a jury. Prom this judgment the defendant appeals.

The record shows that on or about the twelfth day of June, 1932', the defendant obtained from D. W. Babcock, fire warden, a permit to burn grass on certain lands belonging to him. It appears from the record that the day was warm, the grass was dry, and a wind was blowing from where the fire was started toward the plaintiff’s property, estimated at between twelve to fifteen miles per hour. There is some testimony that no wind was blowing when the fire was actually started, but that it came up in gusts. However, at about 11 o’clock of the day on which the fire was started, it got out of control of the defendant, and was burning toward the lands owned by the plaintiff. At this time the defendant called for assistance, and the fire department of Hagginwood,…