Fabry

These two actions were consolidated for trial in the court below, and have been likewise eonsoli dated on appeal. They are companion cases to Dibble v. San Joaquin Light & Power Corp., 47 Cal. App. 112 [ 190 Pac. 198 ]. That .case, like these, was for damages for the destruction by fire of certain grain belonging to the plaintiff, and in each of them the plaintiff prevailed. From the judgment in the present case the defendant has appealed.

Plaintiffs and their assignors were the lessees of certain lands near Huron, in Fresno County, upon which they had grown crops of wheat and barley. On the afternoon of June 8, 1915, and while the crops were still on said premises, they were destroyed by fire, whereby respondent Fabry and his assignors sustained- damage in the sum of $41,467.50, and respondent Vanderburgh sustained damage in the sum of $6,032.54. The defendants owned and operated a power line near the property in question, and before and at the time of the breaking out of the fire were engaged in repairing it, the work being done by two employees, named Schultz and Moore. When these men were first observed by Mr. McCabe, a witness on behalf of the plaintiffs, one of them was in…