Galvin

— The complaint states two causes of action for the destruction of tan bark, cord wood, etc., by fires alleged to have been negligently set by the defendant upon its own land and for its own convenience, and which it negligently permitted to escape, and to extend to plaintiff’s land; the first occurring October, 1887, and the second July 30, 1889. The value of the property destroyed by the first fire is alleged to be one hundred and ninety-eight dollars, and by the second eight hundred dollars, and treble damages are prayed for. The jury returned a verdict for the plaintiff and fixed the damages at seven hundred and seventy-five dollars. At the close of plaintiff’s evidence, defendant moved for a nonsuit upon several specific grounds, the substance of which is, that the evidence failed to show that the defendant negligently or otherwise set fire to its own, or any woods, or that it negligently or otherwise permitted *270 the fires to escape from its land. The motion was denied and defendant excepted.

There was some evidence tending to show that the fires originated on defendant’s land, but none that they were started by the defendant, unless it could be inferred from the fact…