Jacqueline's Washington, Inc. v. Mercantile Stores Co.

Plaintiff appeals from a dismissal of its claim for smoke damage to its stock of women’s high fashion apparel occasioned by a fire in defendants’ adjoining store. The trial court, sitting without a jury, found in favor of plaintiff on the issue of liability but dismissed the action with prejudice, finding that plaintiff had failed to establish the amount of damages with sufficient certainty to permit an award.

Plaintiff’s appeal to the Court of Appeals presented the single issue of whether the evidence before the trial court was sufficient to require an award of substantial damages. The Court…