Gerchberg Ex Rel. Gerchberg v. Loney

Swinehart, J.:

This case was submitted to the trial court by the parties and attorneys stipulating that the court would have before it at the close of plaintiff’s evidence those facts found in the depositions of Ralph Gerchberg, Louise Gerchberg, Mrs. Roy Loney, Sr., Cleo Williams; interrogatories of Rodney Loney and Charles Loney; and the affidavit of Rolf Gerchberg. All the documents are of record. Additionally, it was stipulated that the plaintiff, a minor, would testify:

“. . . [H]e was attracted to the Loney property at the time and on the date in question by smoke coming from the open…