Barnard v. Pennsylvania Range Boiler Co.

WOOD, District Judge.

Once again,1 we are asked to rule upon the defendants’ motion to> dismiss the plaintiff’s amended complaint on the ground that it does not state a claim showing that the pleader is entitled to relief. Fed.R.Civ.P. 12(b) (6).

This is an action for damages arising out of injuries resulting in the death of the plaintiff’s decedent in Massachusetts when a water heater exploded in her cel*561lar. One of the theories of relief is that the defendant manufacturers were guilty of various breaches of express and implied warranties with reference to the water heater. As between the…