Russo v. G. W. Gooden, Inc.

These are two civil actions for negligence arising out of the explosion of a boiler-type furnace in the basement of a house owned by the plaintiffs, Fraieli, who are husband and wife, and occupied by the plaintiff, Russo. The explosion occurred on or about April 8, 1963, and plaintiff, Russo, commenced an action by a writ of summons on July 28, 1964, for personal injuries. The Fraielis commenced a similar action for property damage by a writ of summons on August 13, 1964.

Both Russo and the Fraielis filed amended declarations which contained two identical counts. These are: first, that…