Viking Motor Lodge, Inc. v. American Tobacco Co.

HARWOOD, Justice.

The complaint below contained four counts. Counts I, III and IV allege that the defendants negligently ignited a fire upon the property of the plaintiffs i. e., the Viking Motor Lodge, and as a proximate result of said negligence, the plaintiff suffered damages in the amount of $41,-909.65. Count II avers that the defendant Guy Wright, an agent, servant, or employee of the defendant American Tobacco Company, while acting in the line and scope of his employment, negligently ignited the fire, etc.

At the conclusion of the evidence, the court below gave the general affirmative…