Ohio Supreme Court April 3, 1968, Nos. 40833 and 40835 (Allstate Fire Ins. v. Singler)

O’Neill, J.

The trial judge, in his charge, submitted this case to the jury upon the theory that it was a negligence case. Appellee contends here, as did the Court of Appeals in its opinion, that this was, in fact, a trespass case for the reason that the appellants were trespassing on the land of the insured and that the appellant, Singler, committed an intentional tort when he set fire to a box