Banach v. Bohinski

The plaintiffs alleged and offered evidence to prove that, through the negligence of the defendants, who were employed by the plaintiffs to remove the old shingles from and reshingle a portion of the roof of the plaintiffs’ house, the old shingles, after being removed, were ignited and the fire communicated to the house, which was destroyed together with its contents, as were certain ladders owned by the plaintiffs and which they claimed the defendants used in gaining access to the roof. The plaintiffs assign as error the refusal of the court to include in the charge an instruction that they…