Lezotte v. Lindquist

MISER, C.

The building occupied 'by respondent caught fire from the flames which consumed appellant’s building; and respondent’s furniture and hotel equipment were destroyed. Respondent’s complaint alleges negligence on the part of appellant, in two paragraphs. Paragraph 4 is as follows:

“That on the evening of December 12, 1922, the defendant kept and operated in his said premises a certain heating stove, which was unsafe and known by defendant to be unsafe.”

Paragraph 5 was as follows:

“That the defendant so negligently operated and handled his said stove on his said premises that, late in the…