ALLSTATE FIRE INS. CO. v. SINGLER

Nos. 40833 and 40835.

14 Ohio St. 2d 27 (1968)

ALLSTATE FIRE INS. CO., APPELLEE, v. SINGLER, a MINOR, APPELLANT. ALLSTATE FIRE INS. CO., APPELLEE, v. SCHWIER, a MINOR, APPELLANT.

Supreme Court of Ohio.

Decided April 3, 1968.


Attorney(s) appearing for the Case

Mr. Donald A. Fisher, for appellee.

Messrs. Rendigs, Fry, Kiely & Dennis and Mr. Don Burkholder, for appellant, Jackie Lee Singler.

Mr. Vernon C. Hoffman, for appellant, John LeRoy Schwier.


O'NEILL, J.

The trial judge, in his charge, submitted this case to the jury upon the theory that it was a negligence case. Appellee contends here, as did the Court of Appeals in its opinion, that this was, in fact, a trespass case for the reason that the appellants were trespassing on the land of the insured and that the appellant, Singler, committed an intentional tort when he set fire to a box on the land of the insured, which fire spread to the building and caused...

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