Massachusetts Supreme Judicial Court November 8, 1838 (Barnard v. Poor)

Shaw C. J.

delivered the opinion of the Court. The question submitted to the Court in the present case is, whether upon the facts proved, the plaintiffs are entitled to recover damages, and if so, upon what principles. The action is case, charging the defendant with carelessly and negligently setting a fire on his own lands, by which a quantity of wood, on adjoining lands, was destroyed.