Walker Shoe Store, Inc. v. Howard's Hobby Shop

LeGRAND, Justice.

This is an appeal from summary judgment in favor of plaintiff in the amount of $25,074.45 for damage resulting from a fire which originated on defendant’s premises and spread to plaintiff’s property. We reverse and remand for trial on the factual issues raised by the pleadings.

Plaintiff owns and operates a shoe store under the name of Walker Shoe Store, Inc. Defendant owns and operates Howard’s Hobby Shop. The two properties adjoin each other. Defendant heats his property with oil, which is stored in his basement in two tanks having a total capacity of five-hundred-fifty…