Romney v. Davis

Plaintiff brought this action in the justice of the peace court to recover damages to personal property alleged to have resulted from defendant’s negligence in failing to properly maintain his premises.

The bill of particulars alleged plaintiffs entry into defendant’s store as a business invitee and defendant’s duty to maintain his premises in a safe condition; that defendant maintained a gas heater which had no door, thus exposing the public to the open flame; while standing near the heater the exposed flame burned and damaged her coat. Plaintiff alleged the flame was not obvious to a…