Liberty Mutual Ins. Co. v. Sears, Roebuck Co.

This action was brought to recover, by way of subrogation, for fire damage to real and personal property claimed to have been caused by a defective color television set sold to the plaintiff's insureds by the defendant. The action was brought in three counts, the first sounding in warranty, the second in strict tort liability and the third in negligence. The jury returned a verdict for the plaintiff on the first and second counts and, by direction of the court, for the defendant on the third count. The defendant has appealed from the judgment on the verdicts for the plaintiff. The only issue…