Collins v. Twellman

Appellant, Margaret Collins, instituted suit against respondent, seeking to recover $50,000 as damages for injuries sustained when a three story building, owned by respondent, burned. At the time of the fire appellant was a tenant in the building. At the close of plaintiff's case the trial court sustained a demurrer to the evidence and plaintiff took an involuntary nonsuit. Later she filed a motion to set the nonsuit aside. This motion was overruled and from the judgment entered plaintiff appealed.

Plaintiff charged that the building was being used as a boarding and lodging house; that she…