Horner v. Barber

Plaintiff and defendants occupied separate parts of the same building, defendants conducting a garage business in their portion. A fire started in the portion occupied by defendants, causing a fire loss to plaintiffs. The action has been tried twice. Defendants prevailed at the first trial, but a new trial was granted and at the second trial a jury returned a verdict for plaintiff. Judgment was entered thereon, defendants’ motion for a new trial was denied, and defendants appeal.

In support of their appeal, defendants urge insufficiency of the evidence to establish negligence, improper and…