Smith v. Finkel

The plaintiff Joseph Smith brought this action to recover damages to merchandise in a store he conducted, caused by a fire alleged to have resulted when a truck owned by the named defendant and operated by his agent, Jacob M. Proseo, also a defendant, ran into another car by reason of the claimed negligence of Proseo. An insurance company, which had paid the plaintiff a substantial sum for his loss by the fire, intervened as a coplaintiff. The trial court gave judgment for the defendants and the plaintiffs have appealed.

The finding, in which no material change can be made, states the…