Rafferty v. Northern Utilities Co.

OPINION

Harnsberger, Justice

Fire destroyed or damaged a portion of plaintiff’s building together with a part of its contents, and plaintiff brought his action charging that defendant had furnished and installed in the building an overhead gas furnace or heater; that plaintff had engaged the defendant to remove, check, adjust, clean and reinstall the heater; that the defendant removed the heater and during the afternoon of November 7, 1950, reinstalled the same and “between 6 and 7 o’clock P.M. on said day by virtue of a failure of said heater or furnace to function properly, the same…