Basque v. Liau

The plaintiff-appellant brought an action against the defendants-appellees, adjoining landowners, for damages to the plaintiffs store caused by leakage from a broken sewer pipe, running from the defendants home to a cesspool on the plaintiffs land. The trial court held for the defendants on the ground that the statute of limitations barred the claim. It failed to make a specific finding on the issue of the defendants alleged negligence. We remand the case for a finding on the issue of negligence and determination of the statute of limitations issue under Yoshizaki v. Hilo Hosp., 50 Haw. 150, 433 P.2d 220 (1967).