Burel v. Dempsey

The first six special grounds are so interrelated that we will deal with them together. Before doing so, we will observe that the pleadings in the instant case raise only one issue, and that is whether the defendant was negligent in allegedly causing the damage by smoke and fire to the dwelling house of the plaintiff.

Under special ground 1, during counsel's opening statement, counsel stated to the jury that the plaintiff had admitted that he carried insurance on his house and had told the defendant that he was going to make the insurance company come out and fix up his house and put it in a…