Hardware Mutual Insurance Company v. Robert M. Lukken, D/B/A Lukken Steel Construction Company, and Roy Tibbs

MURRAH, Chief Judge.

Appellant Hardware Mutual Insurance Company issued a fire insurance policy on a building located in Tulsa, Oklahoma. A fire occurred, and Hardware as sub-rogee sued appellees Tibbs and Lukken on the theory that their negligence was the proximate cause of the fire. A jury found for the appellees, and Hardware appeals.

Hardware first complains of the court’s refusal to direct a verdict or grant judgment n. o. v. in its favor. This means, of course, that Hardware has the heavy burden of convincing us that actionable negligence is the only permissible inference which can be…