Edward S. McIntosh and Rosalie McIntosh v. The Eagle Fire Company of New York, a Corporation

RONALD N. DAVIES, District Judge.

This case is before us on appeal from the United States District Court for the Eastern District of Missouri in which judgment was entered for the Defendant, The Eagle Fire Company of New York, after trial to a jury in an action in which Edward S. McIntosh and Rosalie, his wife, sought to recover damages from the Defendant by reason of a fire loss sustained December 29, 1961, in St. Louis County, Missouri. Jurisdiction is grounded on diversity of citizenship and the requisite amount in controversy.

The Plaintiffs do not contest the sufficiency of the evidence to…