Yates v. DE MO.

SIMPSON, Justice.

The following facts will be sufficient for an understanding of this case: Plaintiff (appellant) filed a suit in two counts in the Circuit Court of Montgomery County seeking to recover from defendant (appellee) damages resulting from a fire which partially destroyed a dwelling house owned by plaintiff. Both counts of the complaint alleged that the fire and the resulting damage were proximately caused by the defendant’s negligence in and about the business of painting the house. Defendant filed demurrers which were overruled and the case went to trial before a jury on…