Tucker V. Collar

Audrey Jean Spain Collar, hereinafter referred to as plaintiff, filed complaint in the superior court of Yuma county charging Oral W. Tucker dba Oral W. Tucker Sales Agency, hereinafter designated as defendant, with negligence that resulted in the starting of a fire which destroyed plaintiff's building. Briefly, the acts alleged as constituting negligent conduct were that plaintiff leased her building to one Jones; that Jones purchased a box refrigerator and compressor from defendant; that the appliance failed to operate properly; that defendant installed a larger motor; that shortly thereafter the compressor froze thereby preventing the belt connecting the compressor with the motor from turning; that friction from the turning of the motor ignited the belt causing it to burn in two; that the agent of defendant sent to repair the box recommended a larger condenser; that the larger condenser was not installed notwithstanding that, to the knowledge of the defendant, the compressor froze two additional times and ignited the belt. Thereafter it froze for the fourth time and fire which was thus ignited spread to the building and caused its destruction. This in substance is the conduct which plaintiff alleges is negligent.