Fay

Plaintiff and defendant owned and occupied adjoining tracts of land in Stanislaus County. On the morning of June 7, 1916, a fire started on the ranch of defendant, subsequently spreading to that of plaintiff on the south, and destroyed about 150 acres of standing ripened barley, which plaintiff alleged was of the value of $4,464. Plaintiff claimed that defendant, by reason of his negligence, was responsible for this destruction of the grain. The theory of the contention is found in the following allegation of the complaint: “That on the seventh day of June, 1916, the defendant above named was the owner of a certain steam traction engine, which he was at said time operating by and through his agents and employees, acting in the course of their employment, in the harvesting of a certain crop of ripened grain, belonging to defendant, situated upon section 19 of said township and range, and adjacent to the said unharvested crop of barley belonging to plaintiff. That on said date by reason of the negligent and careless operation of said traction engine by the said agents and employees of said defendant and by reason of its defective condition, and defendant’s failure to keep it in…