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Torts Keyed to Underwood
American Family Mut. Ins. Co. v. Grim
Citation:
440 P.2d 621 (Kan. 1968)Facts
The defendant and his friends, all aged thirteen to fourteen, gathered at the home of one of the boys for a sleep over. Later at night, the boys decided to go downtown to search for some cokes. The boys eventually came upon the Derby Methodist Church and got the idea to break into the church in order to obtain cokes form the church’s kitchen. The boys entered the building through the unlocked main entrance. However, the door to the kitchen was locked. Therefore, the boys tried to find another way of entering the kitchen. Two of the boys entered the attic and found some paper material which, without the defendant’s knowledge, they rolled up, and lighted with a match to create torches. The boys eventually gave up and the two youths that create the torches extinguished them, or so they thought. Later on, after the boys had left, it was discovered that one or both of the torches had not been extinguished and the church caught afire.
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Topic Resources
Topic Refresher Course
Negligence: Joint Tortfeasors, Identification and Contribution