Sams v. Gay

Banke, Judge.

The plaintiff, J. E. Gay, brought this suit against the administrator of the estate of William A. Robinson to recover for property damage caused by a fire which partially destroyed a house he and Robinson had shared in a community called Smokerise. Robinson was killed in the blaze. Recovery is sought on the basis of the decedent’s alleged negligence in starting the fire as well as his failure to carry out an alleged undertaking to secure property insurance naming both of them as beneficiaries. Although the decedent did purchase a homeowner’s insurance policy, it was issued in his…