R AND S CORPORATION v. Barnes

This is a negligence action brought by plaintiff to recover for smoke damage occurring in its men’s clothing store as the result of a fire in an adjoining building in which defendant operated a tavern. At the conclusion of plaintiff’s evidence, defendant’s motion for directed verdict was sustained and a verdict found for defendant. The substance of plaintiff’s assignments of error is that the evidence was sufficient to sustain a verdict for plaintiff and the court erred in directing a verdict for defendant.

Plaintiff’s theory of the case may be gathered from the following statement contained…