MATTHIAS, J.
The rights of the appellant insurance companies being those of subrogees can rise no higher than those of the lessor subrogor, and thus in determining this action we must consider the rights, if any, the lessor has against the lessee.
The primary question raised by this appeal is whether a provision in the surrender clause of a lease, excepting therefrom "loss by fire," relieves the lessee from his common-law liability to the lessor for damages...
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