St. Paul Fire and Marine Insurance Co. v. Grinnell Brothers

Sixth Circuit

St. Paul Fire and Marine Insurance Co. v. Grinnell Brothers

458 F.2d 1354, 1972 U.S. App. LEXIS 10128

Court of Appeals for the Sixth Circuit·Decided April 12, 1972·No. 71-1531·Published

Opinion

PER CURIAM.

This is an appeal from the District Court’s judgment for the defendant-ap-pellee after a trial without a jury. The plaintiff-appellant insurance company was the insurer of property adjacent to the premises occupied by the appellee and insured such adjoining property against losses by fire. A fire originated in the premises occupied by the appellee which the appellant alleged resulted from the use by the appellee of a defective extension cord where combustible materials were stored near the defective cord. At the conclusion of the evidence the District Court, as trier of fact, entered judgment for the defendant-appel-lee.

After examination of the record in the District Court we cannot say that the District Judge’s findings of fact were clearly erroneous within the meaning of 52(a), Rules of Civil Procedure, 28 U.S.C.A.

For the reasons stated by District Judge Don J. Young in his findings of fact and conclusions of law the plaintiff-appellant failed to sustain the burden of proving that the fire in question resulted from the negligence of the defendant-appellee.

Judgment affirmed.

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PER CURIAM.

This is an appeal from the District Court’s judgment for the defendant-ap-pellee after a trial without a jury. The plaintiff-appellant insurance company was the insurer of property adjacent to the premises occupied by the appellee and insured such adjoining property against losses by fire. A fire originated in the premises occupied by the appellee which the appellant alleged resulted from the use by the appellee of a defective extension cord where combustible materials were stored near the defective cord. At the conclusion of the evidence the District Court, as trier of fact, entered judgment for the defendant-appel-lee.

After examination of the record in the District Court we cannot say that the District Judge’s findings of fact were clearly erroneous within the meaning of 52(a), Rules of Civil Procedure, 28 U.S.C.A.

For the reasons stated by District Judge Don J. Young in his findings of fact and conclusions of law the plaintiff-appellant failed to sustain the burden of proving that the fire in question resulted from the negligence of the defendant-appellee.

Judgment affirmed.

St. Paul Fire and Marine Insurance Co. v. Grinnell Brothers, 458 F.2d 1354, 1972 U.S. App. LEXIS 10128 (6th Cir. 1972).

Pincite

458 F.2d 1354 (St. Paul Fire and Marine Insurance Co. v. Grinnell Brothers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.