Abington Mutual Fire Ins. Co. v. Somers Oil Co.

The plaintiffs, as insurers of the town of Somers, paid their insured the sum of $2270 for property damages resulting from a furnace explosion in the Somers public library. The plaintiffs instituted this action against the defendant, which serviced the furnace oil burner, in two counts, one alleging negligence and the other alleging breach of contract. The trial court found for the plaintiffs on both counts and awarded judgment in the amount of $2270. The defendant has appealed from the judgment.

The trial court could readily have found the following facts: For approximately fifteen years the…