Baldwin v. Miller

Defendant, who operates a private company that offers fire fighting service to individual property owners in certain rural areas, appeals from a judgment that the trial court, sitting without a jury, entered for plaintiffs. Defendant had attempted to fight a fire that broke out in a home plaintiffs were constructing. Defendant’s efforts were ineffectual, and the structure was a total loss. There is some evidence to support, at least arguably, the trial court’s conclusion that defendant’s efforts were conducted negligently. The issue is whether, as this case was pleaded and tried, defendant…