Fireman's Fund Insurance v. Romero

Defendant Romero appeals from a judgment in favor of plaintiff insurance companies. The basis of the action was a subrogation claim assigned to plaintiffs by their insured, one Pollack, to whom plaintiffs had paid the amount of a fire loss. Liability of Romero existed only in case the fire was caused by his negligence. The court found that Romero caused the fire but made no finding that it was caused by his negligence nor was there any finding of facts from which it would follow by necessary implication that Romero was negligent.

Romero sold a large dwelling house to Pollack, but remained in…