SCOTT & FETZER CO. v. MONTGOMERY WARD & CO.

No. 61373.

112 Ill.2d 378 (1986)

493 N.E.2d 1022

SCOTT & FETZER COMPANY, Appellee, v. MONTGOMERY WARD & COMPANY et al., Appellees (Burns Electronic Security Services, Inc., Appellant).

Supreme Court of Illinois.

Opinion filed May 21, 1986.


Attorney(s) appearing for the Case

Sandra Young, Edward C. Purcell and D. Timothy McVey, of Purcell & Wardrope, Chartered, of Chicago, for appellant.

Robert A. Downing, Gerald L. Angst and David F. Graham, of Sidley & Austin, and Christopher J. Michas, all of Chicago, for appellee Montgomery Ward & Company.

Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago (James T. Ferrini, Thomas A. McDonald, Thomas J. Skeffington and Lisa Marco Kouba, of counsel), for appellee Scott & Fetzer Company et al.

Roy W. Sears and David A. Ullrich, of Eckhart, McSwain, Hassell & Silliman, of Chicago, and Jane Leifer, of New York, New York, for amicus curiae American District Telegraph Company.


Judgment affirmed.

JUSTICE RYAN delivered the opinion of the court:

A fire originated in the portion of a large warehouse which was partially occupied by Montgomery Ward & Company, Inc. (Wards). Pursuant to an agreement with Wards, Burns Electronic Security Services, Inc. (Burns), had installed and maintained fire-warning systems in this portion of the building. This equipment allegedly malfunctioned, and the fire spread throughout the warehouse,

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