Menningmann v. Independent Fire Insurance Company

Birdsong, Chief Judge.

Appellee brought suit against appellant for the tortious act of wilfully causing certain insured property to be burned and damaged. Appellant counterclaimed for the amount of loss caused by the fire allegedly due him under his policy of insurance. The case was tried by a jury, and a verdict was rendered against appellant in the sum of $37,500.

Appellant enumerates as error that the trial court abused its discretion in not ordering a mistrial after highly inflammatory and inadmissible evidence was placed before the jury. The trial transcript re- fleets the following…