Carper Ex Rel. Phoenix Assurance Co. of London v. Montgomery Ward & Co.

Riley, Judge:

This certification involves the ruling of the Circuit Court of Upshur County in overruling the demurrer to three special pleas to the declaration in an action of trespass on the case, entitled Hazel Carper for the use and benefit of Phoenix Assurance Company, Ltd., of London, against Montgomery Ward & Company.

The purpose of this action, as disclosed by the declaration, is to recover damages for the destruction of Hazel Carper’s home, which is alleged to have been caused by defendant’s careless, improper and negligent installation of a heating furnace, pipes and other parts…