Anderson

Plaintiff and defendant are severally the owners of adjoining farms in Washington county, Or. On the afternoon of August 31, 1925, the latter set fire for the purpose of burning about 20 acres of slashings, lying north of and adjacent to plaintiff’s premises. The fire was guarded during that day and into the night. Again the next morning defendant returned to the scene of the burning, and remained there until a few minutes after 12 o’clock. He testified that at the time he left he observed no blaze, and there was but little fire, and none near the lane running between the two farms. The wind was blowing from the north, and the grass and slashings on defendant’s premises were very dry. About 1 o’clock some of plaintiff’s buildings close to the lane were observed to be on fire, and a very considerable loss ensued. This action was brought to recover for such loss. Verdict and judgment in the lower court were for the defendant, and plaintiff brings error.

The Oregon Session Laws for 1925 (at page 518) provide as follows:

On August 22, 1925, defendant applied to one Mendanhall, fire warden for the district embracing Washington county, for a permit to bum the area in question, and…