Reciprocal Exchange v. Altherm

The plaintiffs, insurance companies, as
subrogees under insurance policies issued by them
to Saul Silver, Jacob Silver, William C. Silver
and Louis Silver, doing business as the Elco Beverage
[142 Conn. 547]
Company and the Bristol Bottling Works, and hereinafter
referred to as the owners, brought this
action, in three counts, against the defendant
Altherm, Inc., and the defendants Edward F.
Jackson and Merle H. Jackson, doing business as
the Industrial Oil Burner Company. The action was
brought, on the first count, against the defendant
Altherm, Inc., and on the third count, against
the defendants Jackson, to recover for damage to
the owners' property by explosion, alleged to have
been caused by the negligent installation,
inspection and servicing of an oil burner. The
second count alleged breach of warranty by the
defendant Altherm, Inc. The court rendered
judgment for the plaintiffs to recover damages
from the defendants on the first and third counts
and for the defendant Altherm, Inc., on the
second count. From the judgment against them on
the third count, the defendants Jackson have appealed.
No appeal having been taken by the defendant
Altherm, Inc., from the judgment against
it on the first count, the Jacksons only are
hereinafter referred to as the defendants.