Garnier

— Appeal from judgment and order refusing plaintiffs a new trial.

This action is for damages for the destruction of the hay, grasses, and pasture on 2,880 acres of land. It is charged that defendant “ willfully and negligently kindled a fire on his land and set fire to grasses growing thereon in the vicinity of the plaintiffs’ land, and so negligently watched and tended the said fire that it spread over the intermediate space, and came to and spread *107 over the plaintiffs’ land, and consumed the hay, grass, and pasture,” etc .

Plaintiffs claim that they were damaged in the sum of forty thousand dollars, and that by reason of section 3344 of the Political Code they are entitled to judgement for treble that sum.

The answer contained a general denial.

A jury having been waived, the action was tried by court, which found for the .defendant, specifically negativing all the material allegations of the complaint, and also finding that “ said fire did not come upon the land ; so occupied by the plaintiffs, or" any portion thereof, by reason of any negligence on;the part of the defendant whatever.”

We think the findings sufficient, and there is undoubtedly evidence to sustain them.…