Matthews v. Montgomery, Ward & Co.

The opinion of the court was delivered by

Harvey, C. J.:

This was an action for damages to personal property from an explosion and fire, of a refrigerator alleged to have resulted from the general negligence of defendant. Defendant filed a motion for an order requiring plaintiff to elect as to whether plaintiff relied for recovery upon (a) the doctrine of res ipsa loquitur, or (b) upon the grounds of specific acts of negligence, or (c) upon a breach of warranty, and if the last to allege whether the warranty was oral or if in writing to set up the terms thereof. Upon the hearing of this motion…