Romero

Defendant Romero appeals from a judgment in favor of plaintiff insurance companies. The basis of the action was a subrogation claim assigned to plaintiffs by their insured, one Pollack, to whom plaintiffs had paid the amount of a fire loss. Liability of Romero existed only in case the fire was caused by his negligence. The court found that Romero caused the fire but made no finding that it was caused by his negligence nor was there any finding of facts from which it would follow by necessary implication that Romero was negligent.

Romero sold a large dwelling house to Pollack, but remained in the house at Pollack’s request for the purpose of showing it to prospective purchasers. The fire occurred in one of the upstairs bedrooms, causing damage of more than $9,000, which plaintiffs paid in proportion to their respective liabilities. Pollack assigned his claim against Romero to plaintiffs.

The only witness who could testify concerning the circumstances in which the fire was discovered was Gerald Wunderlich, who was occupying a second floor bedroom in the house. He testified on behalf of defendants that he, Romero and a friend of Romero’s had had dinner and a bottle of wine at a…