P.N. Cedar, Inc. v. D & G Shake Co.

SWANSTROM, Judge.

This appeal arises from the destruction by fire of a mill leased by D & G Shake Co. from P.N. Cedar, Inc. P.N. Cedar brought suit against D & G Shake and its owners-operators, seeking damages under two theories of recovery, negligence and breach of a lease agreement between the two companies. The owners-operators of D & G Shake were dismissed as parties just before trial. The jury, by special verdict, found that D & G Shake was liable for damages under both theories.

On appeal, D & G Shake raises several issues: (1) whether the court erred in allowing the jury to receive…