De Foe v. W. & J. SLOANE

CAYTON, Chief Judge.

Plaintiffs, tenants in defendant’s apartment house, sued for smoke and soot damage to wearing apparel and furniture allegedly sustained as a result of a fire. There seems to be no dispute that the fire resulted from the acts of an incendiary who was a trespasser on the property. According to a police officer who investigated the fire, the suspect showed him how the fire had been started in a hall closet on the first floor. Trial was without a jury and the judge in ruling for defendant filed written findings of fact and conclusions of law. Plaintiffs appeal.

In the absence…