The plaintiff had insured certain household goods against fire under a standard policy with the defendant company. One day a burning cigarette was found beneath a smoking-stand and on a rug which was included among the insured articles; it had burned a small hole in the rug, for which damage the defendant company refused to pay and plaintiff brought suit. The company claimed that the fire in the cigarette was a "friendly" fire, and that in order to show a right to a recovery the plaintiff must prove that the damage was done by a secondary, or "hostile," fire set by the fire in the cigarette. Held, that the burning cigarette, being on the floor, was a "fire out of place" and itself a "hostile" fire, and the damage done by it was recoverable. Swerling v. Connecticut Fire Ins. Co., (R. I. 1935) 180 A. 343.

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