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KANSAS CITY FIRE & M. INS. CO. v. BITUMINOUS CAS. CORP.

No. 2790.

209 So.2d 785 (1968)

KANSAS CITY FIRE AND MARINE INSURANCE COMPANY v. BITUMINOUS CASUALTY CORPORATION, James C. Smith, d/b/a James C. Smith, Contractors and Garden Plaza Corporation.

Court of Appeal of Louisiana, Fourth Circuit.

April 8, 1968.

Attorney(s) appearing for the Case

Porteous & Johnson, Stephen T. Victory, New Orleans, for Kansas City Fire and Marine Ins. Co., plaintiff-appellant.

Adams & Reese, Henry B. Alsobrook, Jr., New Orleans, for Bituminous Casualty Corp., defendant-appellee.

Alvin J. Liska, New Orleans, for James C. Smith, d/b/a James C. Smith, contractors and Garden Plaza Corporation, defendants-appellees.

Before SAMUEL, CHASEZ and BARNETTE, JJ.

SAMUEL, Judge.

Plaintiff, subrogated fire insurer of a residence, instituted this suit for $9,980, the amount it paid its insured for fire damage to that property. The petition alleges the fire originated in the warm air furnace system and was caused by negligent and improper installation of the furnace; alternatively the petition specially pleads the doctrine of res ipsa loquitur. The defendants are: (1) Garden Plaza Corporation, the builder and owner from which...

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