Morris

This is an action in tort, and the appeal is by the defendant from a judgment entered upon the verdict of a jury in favor of the plaintiffs for the sum of $8,564.38, as compensatory reimbursement to the plaintiff, Morris, for damage alleged to have been sustained by him through the alleged negligent act of the defendant in causing the store building, and its contents, of said Morris, at Chinese Camp, Tuolumne County, to be destroyed by fire.

The general facts are: It appears that, in the year 1885, Morris constructed and, down to the time of the fire causing the destruction of the property in question, continuously maintained and operated a telegraph line extending from his store at Chinese Camp to the city of Sonora, via the town of Jamestown, in Tuolumne County, the latter town being situated a short distance only from the town of Chinese Camp. This telegraph line was dedicated to the public service and consisted of one line of poles and a single wire. A number of years (some of the witnesses approximate the number at about fifteen years) after said telegraph line had been established and in operation, the defendant, Power Company, or, rather, its predecessor in interest and…