Jones v. Garney Plumbing Co.

HIGGINS, Commissioner.

Action for $55,000 damages resulting from a fire at plaintiffs’ lumberyard occupied in part by defendants. Plaintiffs appeal from judgment entered upon a verdict directed for defendants at the close of plaintiffs’ case.

Plaintiffs based their action on res ipsa loquitur and alleged that on October 23, 1963, defendant Garney Plumbing Company was the lessor of a part of plaintiffs’ premises, thus having complete and exclusive control and custody of a garage stall on plaintiffs’ premises which they used to house and repair trucks; that defendant Garney was further in…