Jacobs v. Martz

Plaintiffs are respectively a son and his father, the former having been injured in the collapse of a fireplace in a house sold by defendant to the plaintiff father.

Defendant built the house in question in 1957 and lived there with his family for 2 years before he sold it to plaintiff Cleo Jacobs in 1959. The original action named another defendant, Arthur Bunker, as the person who had done the initial work in building the defective fireplace. A motion for a judgment of no cause of action at the close of the trial dismissed defendant Bunker from the case.

A brief history of the premises in…