Where a person working in his new ground, within twenty-five yards of woods, puts fire to log-heaps, when the weather is calm, but afterwards, the wind arose and drove the fire with irresistible violence into the woods, he is not guilty of negligence, so as to subject him for damages done by the fire.
BATTLE, J.
We think the law applicable to the case was fairly and fully expounded by the presiding Judge; and, for the reasons given by his Honor, we affirm the judgment. The instruction prayed by the plaintiff's counsel had no facts upon which to be based, and his Honor acted right in refusing it.
PER CURIAM. Judgment affirmed.