Dalager v. Montgomery Ward & Co., Inc.

OPINION

RANDALL, Judge.

Plaintiffs brought suit against Montgomery Ward and Co., Inc., alleging that its negligence proximately caused the destruction of plaintiffs’ property by fire. The defendant impleaded a third party defendant. A jury found the defendant 65% negligent, the third-party defendant 35% negligent, and found that the third-party defendant was an agent of the defendant. After the court denied defendant’s motion for judgment n.o.v. or for a new trial, the defendant appealed. We affirm.

FACTS

Montgomery Ward & Co., Inc. (“Wards”) sold roofing to owners of a house located at 1404 East…