Sample

In this action the plaintiff sought and recovered a judgment for damages alleged to have accrued to him hy the destruction of some 615 acres of feed standing upon his land, as the result of a fire, which it was alleged was purposely started upon the lands of the defendant and negligently permitted to spread to the adjacent lands of the plaintiff. The answer of the corporation defendant admitted that at the time of the fire it was the owner of, and in the possession, use, and occupation of, the land upon which the fire originated. The trial court in effect found that the defendant on August 10, 1914, through its agents, servants, and employees, caused to be set upon its lands a certain fire, which spread to and over the lands of the plaintiff. The sufficiency of the' evidence to support this finding is assailed. In this behalf it is contended that the evidence does not show that the fire in question was started by the agent of the defendant; and, conceding for the sake of argument, that the evidence may be found sufficient in this particular, it is insisted that there is no evidence tending to show that when starting the fire such agent was acting within the scope of his…