Higgenbottom v. Noreen

GOODWIN, Circuit Judge.

This fire insurance subrogation claim was tried under Oregon law, as a diversity action, and the plaintiffs, assigning error to the instructions to the jury, appeal from a judgment for the defendants. We affirm.

The Noreens occupied a dwelling house for several years before selling it to the Higgenbottoms. During the Noreen occupancy, a metal fireplace was installed in the living room.

Some weeks after the Higgenbottoms took possession, and while they were using the fireplace to burn wood, cardboard and other debris, a fire broke out somewhere above the living room…