Caudle v. Whiddon

Hall, Presiding Judge.

In an action for damages to a water supply from a leaking underground gasoline pipeline, *22the defendant service station owners appeal from the grant of summary judgment to the third-party defendant, the subcontractor who installed the line.

Submitted March 1, 1972— Decided April 3, 1972. Young, Young & Ellerbee, 0. Wayne Ellerbee, for appellants. Coleman, Blackburn, Kitchens & Bright, J. Converse Bright, for appellees.

The court erred in granting the summary judgment. There are issues of material fact as to, among other things, the cause of the leak; whose negligence, if…