Stewart v. Sizemore

STEWART, Judge.

This is a motion for an appeal from a judgment awarding Robert Lee Sizemore and Eileen Sizemore damages against C. B. Stewart in the sum of $2,000 for the destruction of their dwelling house. The complaint alleged in substance that Stewart’s employee, Sim Crawford, negligently drove a truck which was on fire so close to the structure as to cause it to catch fire and burn down.

In urging a reversal it is contended: (1) A directed verdict should have been given, because there is no evidence in the record from which it can be presumed the house became ignited from the truck; (2)…