Hale v. Layer

CARR, Judge.

As indicated by assignments of error, the record in this case presents only two questions: (1) The refusal to the appellant of the affirmative charge. (2) The denial of the primary court to grant appellant’s motion for a new trial.

At about 10 o’clock on a cold February morning in 1944, appellant’s home was destroyed by fire. Appellee and his wife occupied a downstairs apartment in the dwelling.

This suit was filed by appellee for the damages to personal property which, in his complaint, he claims he suffered by reason of the negligence of appellant in causing the house to burn.

As…