Dunfee v. Blue Rock Van & Storage, Inc.

Plaintiff sued defendant in negligence for loss of her goods by fire while they were stored in defendant’s warehouse. Defendant answered, pleading non-liability by reason of arson by a public enemy. It is undisputed that the loss occurred during civil disorders in Wilmington immediately following the assassination of Martin Luther King, Jr. on April 4, 1968. Following completion of the usual pretrial discovery procedures, trial by jury commenced on February 10, 1970. On February 12, 1970, the jury returned a verdict for plaintiff in the amount of $5,500.00.

On February 10, 1970, the morning…