HARDWARE MUTUAL INSURANCE COMPANY v. LUKKEN

No. 8538.

372 F.2d 8 (1967)

HARDWARE MUTUAL INSURANCE COMPANY, Appellant, v. Robert M. LUKKEN, d/b/a Lukken Steel Construction Company, and Roy Tibbs, Appellees.

United States Court of Appeals Tenth Circuit.

January 12, 1967.


Attorney(s) appearing for the Case

Richard D. Gibbon, Tulsa, Okl. (Covington, Gibbon & Poe, James E. Poe, Tulsa, Okl., with him on brief), for appellant.

Lee Grigg, Tulsa, Okl. (Houston, Klein & Davidson, Richard T. Sonberg, L. Michael Hager and Ronald Main, Tulsa, Okl., with him on brief), for appellees.

Before MURRAH, Chief Judge, and HILL and HICKEY, Circuit Judges.


MURRAH, Chief Judge.

Appellant Hardware Mutual Insurance Company issued a fire insurance policy on a building located in Tulsa, Oklahoma. A fire occurred, and Hardware as subrogee sued appellees Tibbs and Lukken on the theory that their negligence was the proximate cause of the fire. A jury found for the appellees, and Hardware appeals.

Hardware first complains of the court's refusal to direct a verdict or grant judgment n. o. v. in its favor. This means,...

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