Cole v. Empire District Electric Co.

Action by appellants, plaintiffs below, to recover damages for the loss by fire of a garage building and contents alleged to have been caused by the negligence of defendants. The trial court directed a verdict for defendant, whereupon plaintiffs took an involuntary nonsuit with leave to move to set the same aside. Later the motion to set aside the nonsuit was overruled and plaintiffs appealed.

The evidence favorable to plaintiff tends to show the following facts:

Plaintiffs owned a garage building in the town of Seneca in which they operated a garage and repair shop. Defendant, a corporation,…