Kitchener v. Williams

The opinion of the court was delivered by

Smith, J.:

This was an action for damages alleged to have been sustained when gas escaped from pipes connected with a hot water heater sold to plaintiff by defendant and caused an explosion in the plaintiff’s home. Judgment was for the defendant, sustaining a demurrer to the petition. The plaintiff has appealed.

Since the appeal turns on the statute of limitations, special attention will be paid to dates. The action was commenced on Ocober 10, 1949.. The petition alleged that during the year 1946 defendant operated a business at which he sold, amongst…