Martin v. McLeod

Brailsford, Justice.

The dwelling occupied by plaintiff and her husband was damaged by fire, allegedly caused by the negligence and willfullness of the defendant. Plaintiff brought this action against the defendant to recover actual and punitive damages for injury to her personal property. (The damage to the real estate is the subject of a companion action brought by plaintiff’s husband.) The defendant pleaded that plaintiff was not the real party in interest, that she had been fully paid for any loss by an insurance company and that she had assigned the cause of action sued on to such…