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Torts Keyed to Dobbs
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Harry Stoller & Co. v. Lowell
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Appellee’s property, which consisted of five brick buildings, was destroyed in a fire that began on the sixth floor of one of the buildings. A sprinkler system, that had been tested just days before, was available, but firefighters, departing from accepted practice, opted not to use it. They unsuccessfully fought the fire with hoses, and the buildings were destroyed. A jury awarded Appellee damages in the amount of $785,000.00, but the trial judge granted a judgment not withstanding the verdict for the Appellant pursuant to the state discretionary immunity statute.
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