Albert J. Emery & A. v. Tilo Roofing

Upon August 23, 1934, the plaintiffs, Albert J. and Belle Emery, entered into a written contract with the defendant for the re-roofing of certain buildings in the town of Milford, of which they were the tenants in common. The contract contemplated the laying of composition shingles over the old wooden shingles then in place. The old shingles were at this time in a very dry and highly inflammable condition. Work under this contract was commenced by two of the defendants servants upon Monday, May 7, 1934, on the north side of the main house. Upon Tuesday, May 8, shortly after 10 oclock in the morning, a fire broke out within a few feet of the ridge pole on the south side of the house. The defendants servants were then working about five feet from the ridge pole on the north side of the roof. There was evidence that these men were seen smoking cigarettes on the roof before the fire was discovered and that a cigarette stub on such a roof would be a sufficient cause of the fire. There was no direct evidence to prove that the fire was, in fact, caused by a cigarette stub.