CONE REALTY CORP. v. SMITH

No. 58-79.

409 A.2d 567 (1979)

CONE REALTY CORPORATION v. Gerald A. SMITH.

Supreme Court of Vermont.

November 5, 1979.


Attorney(s) appearing for the Case

James J. Cormier, Jr., Bennington, for plaintiff.

Joseph M. O'Neill, Rutland, for defendant.

Before BARNEY, C. J., LARROW, BILLINGS and HILL, JJ., and SMITH, J. (Ret.), specially assigned.


BILLINGS, Justice.

Plaintiff-appellant filed a complaint in the Bennington Superior Court alleging that a fire caused by defendant-appellee's negligence resulted in damage to plaintiff's real and personal property. The action brought in the name of the plaintiff was a subrogation action in which the real party in interest was the plaintiff's insurance company. V.R.C.P. 17. After jury trial a verdict was returned for the defendant. Plaintiff appeals the denial of its...

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