ST.PAUL FIRE & MARINE INSURANCE CO. v. SEARS

No. 74-462.

534 P.2d 1230 (1975)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff-Appellant, v. Joseph SEARS, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

April 22, 1975.


Attorney(s) appearing for the Case

Yegge, Hall & Evans, James R. Benson, Jr., Denver, for plaintiff-appellant.

Joseph Paul Sears, pro se.


Not Selected for Official Publication.

PIERCE, Judge.

In a suit based on its subrogation rights as insurer of an apartment house, plaintiff appeals from a judgment entered in favor of defendant following a trial to the court. Plaintiff alleged that defendant's negligence caused a fire loss in an apartment in which defendant had been a tenant.

The evidence was contradictory, but defendant testified that, because there was an unpleasant odor in his apartment...

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