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CARNEVALE v. SMITH

No. 77-94-Appeal.

404 A.2d 836 (1979)

Walter L. CARNEVALE d. b. a. Cote's Pharmacy v. Harvey N. SMITH et al.

Supreme Court of Rhode Island.

August 15, 1979.

Attorney(s) appearing for the Case

Ward & Cresto, Dominic F. Cresto, Strauss, Factor, Chernick & Hillman Professional Corp., Abraham Factor, John L. Breguet, Providence, for plaintiff.

Rice, Dolan, Kiernan & Kershaw, John W. Kershaw, Providence, for Harvey N. Smith and Carol J. Smith.

Higgins, Cavanagh & Cooney, Joseph V. Cavanagh, Providence, for Peckham Coal & Oil Co.

OPINION

KELLEHER, Justice.

The plaintiff, Walter L. Carnevale (Carnevale), owns and operates Cote's Pharmacy, situated in Newport at 104 Broadway. The defendants, Harvey N. and Carol J. Smith (the Smiths), are the owners of property that immediately adjoins the pharmacy. The Smiths' property is located at 96-100 Broadway and is separated from the pharmacy by a firewall.

On December 24, 1969, the Newport Fire Department was summoned to a conflagration...

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