Todd v. Shrum

Dale Price, Justice.

On June 24, 1985, appellant Todd’s mobile home was destroyed by fire. Todd brought an action against his tenant, appellee Shrum, because of the fire loss and pled res ipsa loquitur as well as specific acts of negligence. In a non-jury trial, the trial court found that appellant had failed to sustain his burden of proof but did not mention res ipsa loquitur.

In attempting to prove liability, Todd testified that Shrum told him he had cooked some french fries on the morning of the fire. He denied the existence of any electrical problems in the trailer and said he had never…