National Distributing Co. v. Georgia Industrial Realty Co.

Jordan, Judge.

1. The plaintiff’s petition as amended sought to impose liability on the. defendant on two grounds: (1) that the reservoir tank was defective at the time of its original installation by the defendant; and (2) that the defendant as the owner of the premises failed to exercise ordinary care to maintain the premises, including said tank which was a part thereof, in a safe condition. The record before the court on the defendant’s motion for summary judgment disclosed, however, that the damages to the plaintiff’s goods occurred approximately 16% months after the defendant had fully…