Allstate Fire Ins. v. Singler

The trial judge, in his charge, submitted this case to the jury upon the theory that it was a negligence case. Appellee contends here, as did the Court of Appeals in its opinion, that this was, in fact, a trespass case for the reason that the appellants were trespassing on the land of the insured and that the appellant, Singler, committed an intentional tort when he set fire to a box on the land of the insured, which fire spread to the building and caused the damage.

A thorough examination of the record discloses that while to some degree the evidence is conflicting regarding the actual…