Caivana v. Spohn

The plaintiff has brought this action to recover for damages alleged to have been sustained as a result *184of certain explosions in the heating system of the premises in which an apartment occupied by the plaintiff was located. The cause of action set forth in the complaint against the defendant, Utica Oil Heating Corporation (hereinafter referred to as the defendant), is based on negligence and sets forth the negligence as follows: “In failing to properly maintain, repair and service the same so that the same became dangerous to persons and property lawfully on the premises.” The defendant, in…