Olswanger v. Funk

CARNEY, Judge.

The Trial Judge, without a jury, rendered judgment in favor of the plaintiff landlord, Mel Olswanger, Jr., Trustee, in the amount of $2,029.51 against the defendant tenants, Patricia Funk and Patricia Darnell. The suit was for damages resulting from fire to an apartment occupied by the defendants. The defendants have appealed and made six assignments of error. They raise only the one question of whether or not the res ipsa doctrine applies.

There is little dispute as to the facts. We copy from the memorandum opinion of His Honor the Trial Judge as follows:

“Defendants occupied an…