Insurance Co. of North America v. Cuevas

This is a suit for damages to a building resulting from a fire started by some children who were playing on the premises of plaintiff’s subrogor.

The children were playing near some trash receptacles which contained among other things a broken fluorescent light tube. One of the children attempted to set fire to the white powder contained in the light tube and ignited the other refuse in the trash barrel. The fire spread to the building and caused $40,000 damage.

The plaintiff insurance company subrogee of the Home Furnace Company a division of Lear-Siegler, Inc., owner of the building, sued the…