American Casualty Co. v. Propane Sales & Service, Inc.

OPINION

By the Court,

Gunderson, J.:

American Casualty Co., as subrogee to the rights of its insured, Wells-Stewart Construction Co., brought this action against Propane Sales & Service, Inc., to recover money paid to Wells-Stewart for a fire loss. American Casualty contended Propane Sales negligently caused the fire while refilling a propane gas tank at Wells-Stewart’s asphalt plant. After a trial, the jury returned a general verdict for Propane Sales, and American Casualty has appealed the judgment entered on that verdict. One error, particularly, forces us to remand this case for a new trial,…