Rudy v. Whaley

The opinion of the court was delivered by

Wertz, J.:

This was an action to recover for property damage sustained by the plaintiffs (appellants), H. Milton Rudy and Rus sell A. Irion, as a result of a fire alleged to have been negligently caused by the defendants (appellees), Louis Whaley and L. G. Craft, d/b/a Craft Oil Company.

Plaintiffs’ cause of action accrued August 31, 1956. They filed their original petition against defendants Whaley and Craft, to which defendants directed certain motions. However, before defendants filed an answer, plaintiffs, on May 31, 1958, filed an amended petition…