Harris v. Savage

Citations

• 70 Kan. 561
• 79 P. 113
• 1905 Kan. LEXIS 9

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Setting Fire to a Field. Setting fire to a field of high wheat stubble in which are standing stacks of wheat belonging to another, when there is nothing which is reasonably calculated to prevent the fire from being communicated to, and destroying, such stacks, is, in case they are destroyed by the fire, actionable negligence, even though the person who sets the fire has the right to burn off the stubble and has no intention of burning the stacks.</p> <p>2. -Reasonable Precaution Necessary. Fire is a dangerous agent to use in the removal of rubbish, and where the property of others is exposed to its destruction it can only be rightfully set out after every reasonable precaution has been taken to prevent damage to such property.</p>