King v. Nedovich

In these consolidated actions for damages arising out of a fire, alleged to have been caused by a faulty fireplace, the issue is whether the plaintiffs’ insurer by its own motion may be substituted as plaintiff.

Four cases resulting from allegedly negligent construction of fireplaces were consolidated for trial. Two of the actions were brought in the names of John King and Dorothy King as plaintiffs, who were the owners of the house at the time of the fire. One action was against Nedovich, the seller of the house, for breach of warranty, and the other was against John Simpson, the mason who…