Kritselis v. Petty
Kritselis v. Petty
Opinion of the Court
delivered the opinion of the court.
A. K. Kritselis, the plaintiff in error, is the owner of a farm near South Boston, in Halifax county. Charles Petty, the defendant in error, lived in a tenant house on this farm. On Sunday, March 28, 1919, Kritselis carelessly dropped a burning match in some broomstraw near his house. This
Petty thereupon brought an action of trespass against Kritselis for the loss of his personal property which was destroyed in the house. The jury found a verdict in Petty’s favor in the sum of $300. This verdict and the judgment following the same are now under review.
The plaintiff in error assigns three grounds on which he asks that the judgment of the circuit court be reversed:
1. That the evidence does not sufficiently connect the defendant, Kritselis, with the origin of the fire.
2. That even though he was responsible for its origin, the destruction of the house was too remote a result of the fire to be naturally anticipated, or expected, and he was therefore not chargeable with negligence.
3. That the damages awarded are excessive.
The testimony of R. S. Busick, a witness for the plaintiff, with respect to the origin and course of the fire, and the existing physical conditions, is as follows: “That he lives about a half or three quarters of a mile from Petty, saw the house burning and went there at once. That the defendant, Kritselis, was there, and when asked how the fire originated, said he struck a match to light a cigarette, and then threw this match down in the straw; that he did not think it would amount to anything, but it,started a fire. That the straw was a broomstraw field, and it was two or three feet high; that the straw extended about half way from the place a,t which the fire started to the house in which the plaintiff lived, but it connected with hen nests, grass and other grasses on the field, and it was so dry that the fire burned everything on the ground, and along the path to the stable (Petty’s stable), and set some feed on fire' that was stacked up by the stable, and burned up that, and from that communicated to the house and destroyed that; that the wind was blowing in the direction from the stable
The’plaintiff, Petty, testified substantially to the above 'effect.
Robert Fountain, another witness for the plaintiff, testified that he could see the fire from his house, and he saw Mr. Kritselis and Mr. Coley standing at the fire in the field, and they left the fire, and went to the low grounds and commenced to pile brush.
The testimony to the contrary effect is given by the defendant, Kritselis, and A. C. Coley.
This instruction is as follows: “The court instructs the jury that although they may believe that the fire which destroyed the plaintiff’s goods originated from the act of the defendant, Kritselis, yet if they further believe from the evidence that said Kritselis after discovering the fire, and before it caused the damage complained of, used reasonable and ordinary care in guarding it or extinguishing it, then they should find for the defendant.”
Kritselis does not appear to have done anything beyond watching the progress of the fire. He states “that he and Coley watched the fire burn in an easterly direction until
Substantially to the same effect is the testimony of A. C. Coley.
The principle of liability in this connection is stated in Jordan v. Wyatt, 4 Gratt (45 Va.) 151, 157, 47 Am. Dec. 720. In this case W. had cut wood on J.’s land, and stacked it up. J., with no intention to burn W.’s wood, set fire to brush on another portion of his (J.’s) land. The fire escaped J.’s control, reached W.’s wood and consumed it. Held: That “It was no ground of defense that defendant (J.) was engaged in a lawful pursuit, and intended no harm, and that his act would have been harmless but for his negligence. He was none the less a trespasser. A man is bound so to conduct himself as to avoid doing damage to the' person or property of another, and a slight default will render him responsible.”
In Tyler v. Ricamore, 87 Va. 466, 12 S. E. 799, the court' refused to instruct the jury to the effect that although the defendant negligently started the fire, yet if it was carried further on by a high and unusual wind, breaking the continuity of the fire, then the injury was too remote and the plaintiff could not recover. Held: Such refusal was not error, and the converse instruction was proper.
See also the following cases:
The fact that the fire has traveled over considerable space, and been revived by a wind after having apparently gone out before doing the damage, will not relieve liability. Hardy v. Hines Bros. Lumber Co., 160 N. C. 113, 75 S. E. 855, 42 L. R. A. (N. S.) 759.
“The damage may not be too remote although the fire' passes over three or four miles before it reaches the plaintiff’s property.” Atchison, Topeka & Santa Fe R. Co. v. Stanford, 12 Kan. 354, 15 Am. Rep. 362.
Applying the rulings announced in these cases to the facts of the case in judgment, it is apparent that there was no error in the action of the court refusing the instruction under consideration. The final destruction of the plaintiff’s property, under the circumstances, was a natural consequence of the defendant’s original negligence. Hence, that negligence was the proximate cause of the plaintiff’s loss. There was nothing in the supervening conduct of the defendant to relieve him from liability for his initial negligent act.
There is a very great disparity between the value placed on the plaintiff’s goods by the witnesses for the plaintiff and those for the defendant. Particularly is this disparity manifested when the valuation of these goods, as given by the plaintiff and his witnesses at the trial, is contracted with the value placed on same by the plaintiff for the purpose of taxation, and with the value actually affixed by the commissioner of the revenue. But the jury was adequately instructed in this respect, and there is no evidence that it acted from prejudice, or any other improper motive. It is proper to say in this connection that we would not, acting as a jury, have rendered this verdict, but it does not follow from this statement that we ought to set aside the verdict actually returned.
“The assessment of damages is peculiarly the province of the jury, and when the question before the jury is merely
We find no error in the judgment complained of, and the samé is affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.