(Download) "Chandler Supply Company v. City Boise" by Supreme Court of Idaho No. 13489 " eBook PDF Kindle ePub Free
eBook details
- Title: Chandler Supply Company v. City Boise
- Author : Supreme Court of Idaho No. 13489
- Release Date : January 04, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
This appeal is brought from a final judgment entered in favor of the respondents, Chandler Supply Co., Inc., and Industrial Indemnity Co. Chandler had brought suit against the appellant, City of Boise, under the Idaho Tort Claims Act, Idaho Code title 6, chapter 9, alleging negligence on the part of Boise's fire department. The facts appear to be substantially as follows. On December 22, 1976, at about 5:34 p.m., the Boise Fire Department responded to the activation of a building fire alarm. On arrival at the reported location, the firefighters discovered a grass fire of unknown origin burning between a set of railroad tracks and a fence enclosing a warehouse. The firefighters extinguished the fire using burlap bags, shovels, and buckets of water. Before leaving the scene at approximately 5:55 p.m., members of the fire department checked the exterior of the warehouse and found no evidence that the building was involved in the fire. At approximately 6:12 p.m., in response to a telephone report of a building on fire, the fire department returned to the location of the earlier grass fire. The firefighters discovered that the previously checked warehouse was on fire. The fire was fought and extinguished, but resulted in substantial damage to property owned by Chandler. Both Chandler and his insurer filed timely claims with the city. A jury trial was held which resulted in a special verdict finding Boise 75% negligent and Chandler 25% negligent. Total damages amounted to $116,331.31. The city of Boise now appeals.
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