Mitchell v. Cohen

The majority concludes that, despite the trial court’s erroneous jury instruction to the effect that NOPSI’s liability “stopped at the meter,” the evidence was insufficient to sustain a verdict against NOPSI and the error was therefore harmless. I disagree.

There was conflicting testimony as to the cause of the fire. Mrs. Baquet, the burned child’s mother and operator of the beauty salon where the fire occurred, testified she smelled gas in the salon, particularly in the bathroom, from the day she occupied the premises until the day of the fire. She testified the odor was strongest in the…