The Careless Smoker


Action for damages by garage owner P against D, the administrator of the estate of S, who was burned to death in a fire in P's garage. P's complaint claims that S went to sleep in his car while smoking a cigarette, which ignited the seats in S's car and touched off a general conflagration that burned P's garage to the ground. S's body was found in his car in the smoldering remains of the garage. At trial, P offers evidence of three previous fires caused by S's smoking and falling asleep.

Is such evidence relevant? Is it admissible? Is it evidence of habit or character?

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