Lapinsky v. Manor Homes, Inc.

Alessandroni, J.,

This is an action in trespass to recover damages for personal injuries sustained by plaintiff as a result of an explosion of a gas heater. A compulsory nonsuit was entered on the theory that plaintiff had not established negligence on the part of defendant, but on the contrary had proven that he himself was guilty of negligence. We are of the opinion that plaintiff’s motion to remove the non-suit must be granted and a new trial ordered.

The uncontradicted facts disclose that defendant had constructed a row of new homes, one of which was purchased by plaintiff. These houses…