Citizens Utilities Co. v. Firemen's Ins. Co.

DE CONCINI, Justice.

Citizens Utilities Company, appellant, defendant below, was sued by appellees, plaintiffs below, for damages to the home of Mr. and Mrs. Sam Capin which was insured by plaintiffs. Plaintiffs took an assignment of the Capins’ right to’ sue under their subrogation agreements with the Capins. The parties will be referred to as they were in the trial court. The term plaintiffs shall also be applicable to the Capins unless otherwise specified.

On September 14, 1946, about 1:30 p. m., the Capins’ maid told Mrs. Capin that there was no hot water with which to do the dishes. Mrs.…