Birmingham v. Sears, Roebuck & Co.

This tort action is before us on motion for a new trial after verdict for the defendant. The plaintiff seeks to recover damages suffered through negligence in the installation of automatically controlled ventilating equipment in the basement of a barn used for the storage of approximately 12,000 barrels of potatoes.

The purpose of the equipment was not to heat the storage space, but to remove excess heat and moisture. The defendant installed a fan in a basement wall with a humidity control nearby and a temperature control placed on the outer wall of the storage space in a room near the…