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DEVENY v. RHEEM MANUFACTURING COMPANY

No. 249, Docket 27681.

319 F.2d 124 (1963)

Bonnie Lee Jamieson DEVENY, b.n.f. Frank Jamieson, and Frank Jamieson, Plaintiffs-Appellees, v. RHEEM MANUFACTURING COMPANY, Robertshaw Fulton Controls Company, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided June 6, 1963.

Attorney(s) appearing for the Case

John M. Dinse, of Edmunds, Austin & Wick, Burlington, Vt., for defendant-appellant Rheem Mfg. Co.

A. Pearley Feen, Burlington, Vt. (Paul D. Sheehey, Burlington, Vt., on the brief), for defendant-appellant Robertshaw Fulton Controls Co.

Philip H. Hoff, of Black, Wilson & Hoff, Burlington, Vt., for Bonnie Lee Jamieson Deveny and Frank Jamieson, plaintiffs-appellees.

Before CLARK and WATERMAN, Circuit Judges, and DIMOCK, District Judge.

CLARK, Circuit Judge.

On August 17, 1958, plaintiff Bonnie Lee Jamieson Deveny went to the cellar of her aunt's home in Burlington, Vermont, to relight the pilot light of the hot water heater, which had gone out. The heater, manufactured by defendant-appellant Rheem Manufacturing Company and containing a control device manufactured by defendant-appellant Robertshaw Fulton Controls Company, exploded, and plaintiff sustained...

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