Donahue v. Stephens

These are two separate actions of tort in which plaintiffs seek recovery for property damage to their house and furnishings located at 11 Bartlett Avenue, Lexington, Mass., against defendant, Stephens, the builder of the house, and against defendant Sweeney, a heating sub-contractor employed by Stephens to install a heating unit and oil burner.

Count 1 of the declaration against Sweeney alleges substantially that plaintiffs’ dwelling *2and its contents were severely damaged as a result of the negligence of defendant’s agents or servants in installing an oil burner and its pertinent parts. Count…