Tepper v. Marty's, Inc.

Pannell, Presiding Judge.

Complainant-appellant and defendant-appellee operated adjacent stores in Pinetree Shopping Center in DeKalb County. A fire which started on the premises occupied by the defendant caused some damage by smoke and water to the complainant. The cause of the fire was undetermined by any direct evidence. This action followed seeking recovery of alleged damages in the amount of $30,000 and charging the fire occurred as the result of negligence of the defendant’s agent and employee.

Submitted June 8, 1976 Decided June 23, 1976. William S. Rhodes, Herbert O. Edwards, for…