126 Ga. App. 21 | Ga. Ct. App. | 1972
In an action for damages to a water supply from a leaking underground gasoline pipeline,
The court erred in granting the summary judgment. There are issues of material fact as to, among other things, the cause of the leak; whose negligence, if any, was responsible for it; and whose duty it was to cover the pipes, regardless of who actually did it.
That the third-party defendant may not be liable to the defendant for all of the damages alleged, does not preclude the use of third-party practice. Code Ann. §81A-114 specifically provides for partial liability. Apportioning the damages would be for the jury.
Judgment reversed.