PHOENIX INS. CO. v. COOK

No. 7692.

93 Ohio App. 503 (1953)

THE PHOENIX INSURANCE COMPANY, APPELLANT, v. COOK, APPELLEE.

Court of Appeals of Ohio, Hamilton county.

Decided February 24, 1953.


Attorney(s) appearing for the Case

Mr. Edward J. Utz, for appellant.

Mr. Paul E. Riffle, for appellee.


Per Curiam.

In this case the plaintiff, appellant herein, as subrogee and assignee of its insured, seeks to recover from the defendant the amount which it paid to the insured because of damage by fire to insured property. The basis of the claim is that the fire was caused by the defendant's negligence while he was using a soldering torch in repairing the tin roof of the property.

At the conclusion of the plaintiff's evidence, the court sustained the...

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