Jones v. City of St. Maries

DONALDSON, Chief Justice.

Because this case was decided on a motion for judgment on the pleadings, for the purposes of this appeal, we must accept the truth of appellants’ allegations. See, e.g., Davenport v. Burke, 27 Idaho 464, 473, 149 P. 511, 515 (1915). The facts as stated by the appellants are as follows:

The appellants, Verle and Annette Jones, were the owners of a residence in St. Maries, Idaho. The residence was located immediately adjacent to the southeast corner of the Tubbs building in St. Maries. On Thursday, July 29, 1982, at 12:34 AM, a small fire was discovered at the loading…