Higgenbottom v. Noreen

586 F.2d 719 4 Fed. R. Evid. Serv. 202 Robert D. HIGGENBOTTOM and Judith L. Higgenbottom, husband and wife, and Farmers Insurance Company of Oregon, a corporation, Appellants, v. Mel NOREEN and Marie Noreen, husband and wife, Appellees. No. 77-1220. United States Court of Appeals, Ninth Circuit. Nov. 22, 1978. Theodore H. Heap, Lake Oswego, Or. (argued), of Bauer, Murphy, Fundingsland, Bobbitt & Heap, Portland, Or., for appellants. Walter H. Sweek (argued), Portland, Or., for appellees. Appeal from the United States District Court for the District of Oregon. Before WRIGHT, KILKENNY, and GOODWIN, Circuit Judges. GOODWIN, Circuit Judge. 1 This fire insurance subrogation claim was tried under Oregon law, as a diversity action, and the plaintiffs, assigning error to the instructions to the jury, appeal from a judgment for the defendants. We affirm. 2 The Noreens occupied a dwelling house for several years before selling it to the Higgenbottoms. During the Noreen occupancy, a metal fireplace was installed in the living room. 3 Some weeks after the Higgenbottoms took possession, and while they were using the fireplace to burn wood, cardboard and other debris, a fire broke out…