Knight v. Towles

Citations

• 6 S.D. 575
• 62 N.W. 964
• 1895 S.D. LEXIS 161

Syllabus

<p>1. When, in an action to recover damages caused by a fire set in violation of the provisions of section 2392, Comp. Laws, against one, who, it is claimed, caused the fire to be set, evidence is given tending«to prove that such person, as principal, directed his employe, by whom it is claimed the fire was actually set, to make a “fire break” around a certain tree claim under the control of such principal, and to “burn it off” the case should have been submitted to the jury.</p> <p>2. When, in such action, there is evidence on the part of the plaintiff tending to prove that an employe who, it is claimed, set the fire, was directed by his principal to make a fire break around a tree claim under the control of the principle, the question as to whether or not the employe setting the fire was acting within the scope of his authority should have been submitted to the jury.</p> <p>(Syllabus by the Court.</p>