Farmer's Mutual Fire Insurance Co. v. Farmer

PARRISH, Judge.

Respondent (plaintiff in the trial court) brought this action seeking, in Count I, an injunction to require appellants (defendants in the trial court) to maintain the roof on a building “in such good repair as to prevent any future leakage of rainwater from the building of the Defendants into the building of the Plaintiffs [sic].” 1 In Count II plaintiff sought money damages for harm to plaintiffs building allegedly caused by water that entered the building as a result of leaks in the roof of defendants’ adjoining building. The case was tried to the court without a jury in…