St. Lewis v. Firestone Ex Rel. Boston Insurance Co.

ROVER, Chief Judge.

This was a nonjury negligence action for property damage in the apartment occupied by the appellee caused by smoke from a fire originating in the adjacent apartment of appellant’s decedent, both being located in the same apartment house. The fire which resulted in the death of appellant’s decedent and the damage by smoke to the appellee’s property occurred on the morning of March 8, 1955. While counsel for appellee does not assert a specific act of negligence on the part of decedent as the cause of the fire, it is apparent from the record that his case is predicated on…