Joseph T. Ryerson & Son, Inc. v. H. A. Crane & Brother, Inc., Towmotor Corp., and Allied Chemical Corp

OPINION OF THE COURT

STAHL, Circuit Judge.

This diversity action, based on negligence, arises out of a fire which occurred in appellant Ryerson’s building in Jersey City, New Jersey. There was no reliable indication as to the cause of the fire. Indeed, without objection, the court below charged the jury that “there has been no proof asserted as to the origin of the fire.” Appendix (App.) 549a.

Plaintiff-appellant sued three parties for damages from the fire, appellee H. A. Crane & Brother, Inc. (Crane), appellee Allied Chemical Corporation (Allied), and Towmotor Corporation (Towmotor). The jury…