Githens, Rexsamer & Co. v. Wildstein

Opinion by

Ms. Justice Eagen,

A fire, originating in a building occupied and used by the defendants as a warehouse in the city of Philadelphia, spread to an adjoining commercial property owned by the plaintiff, causing substantial damage. The latter instituted this action of trespass seeking compensation for its loss, alleging that negligence on the part of the defendants caused the fire. A jury trial resulted in a verdict for the plaintiff in the sum of $55,000. The court en banc awarded a new trial, but denied defendants’ motion for judgment notwithstanding the verdict. Both sides appealed.…