Manufacturers Mutual Fire Insurance v. G. R. Kinney Co. Pennsylvania, Inc.

OPINION

LUONGO, District Judge.

On Monday, February 19, 1962, the contents of a store occupied by M. Buten and Sons, Inc. (Buten) were damaged by water used to put out a fire in an adjoining store premises occupied by G. R. Kinney Co. Pennsylvania, Inc. (Kinney). Manufacturers Mutual Fire Insurance Company, Buten’s fire insurer, paid Buten for the water damage loss and, as subrogee of Buten’s rights, instituted suit against Kinney and against Philadelphia Electric Company, charging that they negligently caused the fire. The case came on for trial before the court and a jury. At the conclusion…