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BALLOW v. MONROE

No. 18861.

699 P.2d 719 (1985)

Frank BALLOW, Plaintiff and Appellant, v. Dix MONROE dba Monroe Brothers, Defendant and Respondent.

Supreme Court of Utah.

March 29, 1985.

Attorney(s) appearing for the Case

Dale M. Dorius, Brigham City, for plaintiff and appellant.

Brad Holm, Stephen G. Morgan, Salt Lake City, for defendant and respondent.

STEWART, Justice:

Plaintiff, Frank Ballow, brought a negligence action against defendant, Dix Monroe, to recover damages for the loss of approximately one hundred acres of wheat and several rods of fencing owned by plaintiff which were destroyed by a fire apparently caused by defendant when swathing his adjoining field. The fire spread from defendant's to plaintiff's field when defendant was unable to extinguish or control the fire.

At trial, plaintiff submitted...

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