Veach v. City of Phoenix

UDALL, Justice:

Plaintiffs seek recovery from the City of Phoenix and others (hereinafter referred to as defendants) for the sum of $66,826.56 as damages to plaintiffs’ property caused by fire. Defendants filed a motion to dismiss plaintiffs’ second amended complaint for failure to state a claim, which was granted and judgment was entered from which plaintiffs appeal.

In essence, the amended complaint alleged that on January 23, 1962, a fire broke out in plaintiffs’ market and completely destroyed it. That part of the City of Phoenix’s function as a municipal corporation is the “furnishing,…