Galvin v. Gualala Mill Co.

Citations

• 98 Cal. 268
• 33 P. 93
• 1893 Cal. LEXIS 904

Syllabus

<p>Negligence—Spreading of Fire—Treble Damages—Burden of Proof — Nonsuit. — In an action brought under section 3344 of the Political Code for treble damages caused by fires alleged to have been negligently set by a mill company upon its own land and for its own convenience, and which it negligently permitted to extend to plaintiff’s land, the burden of proof is upon the plaintiff to show the negligence of the defendant, and where the plaintiff failed to prove that the fires were started by the defendant, otherwise than that they originated on'his land, and failed to prove that they were started negligently, or for any unnecessary purpose, or that due care was not exercised by the defendant to prevent them from spreading to other lands, a nonsuit should be granted.</p> <p>Id.—Construction of Political Code—Punishment fob Negligence.—The provision for treble damages in section 3344 of the Political Code is not designed as a compensation to the plaintiff, but as a punishment to the defendant for his negligence, which is the essential fact, and must be proved to sustain a recovery.</p> <p>Id.—Damage Caused by “Unlawful Act”—Negligence—Proof Required.— Where damage is shown to have been caused by an unlawful act, no negligence need be proven; but it is necessary in such case to establish every element showing the act to be unlawful.</p> <p>Id. — Construction of Penal Code—Proof of Unlawful Act. — Under section 384 of the Penal Code, which provides that “ every person who wilfully or negligently sets on fire, or causes or procures to be set on fire, any woods, prairies, grasses, or grain on any lands, is guilty of a misdemeanor,” the word “ wilfully ” means with evil intent, legal malice, or bad purpose, and mere proof of starting a fire on one’s own land, which spreads to the land of another, without proof of evil intent, or of negligence, does not show an unlawful act under that section.</p> <p>Id. — Setting Fires in Woods—Public Lands—Penal Statute. — The act of Februa