O'Rourke v. Day & Night Water Heater Co.

BARNARD, P. J.

This is an action for damages on account of injuries sustained by the plaintiffs through an explosion of butane gas, which occurred in the basement of the O’Rourke home on April 21, 1936. This explosion occurred as Richard 0 'Rourke, in the act of relighting the pilot light, on a water heater, put a lighted match through the heater door.

The water heater in question was manufactured by the defendant, and sold to a wholesale dealer who sold it to a retailer, from whom it was purchased by 0 ’Rourke in December, 1935. This water heater was equipped with a thermostatic device which would automatically turn on the main gas burner whenever the water in the heater fell below a certain temperature. It was also equipped with a “safety pilot" manufactured by another company and furnished to the defendant at the rate of about 2,000 per month. This safety pilot was a patented device, the function of which was to shut off the supply of gas whenever the pilot light was extinguished as, otherwise, the action of the thermostatic device would turn on a full flow of gas when the water in the heater had cooled.

This safety pilot- consists of a brass casting, to which are attached two tubes, some eight or nine inches long, which extend into the heater to a point near the burner. The lower of these tubes conveys a small amount of gas which runs the pilot light at the end of that tube. Immediately above that tube is a larger tube, the end of which is directly in the flame of the pilot light. In the' upper tube is a copper rod, the expansion and contraction of which causes the safety valve to operate. There are some twenty parts in the valve itself, including a spring, a snap diaphram, a needle valve and a

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plunger. All of these parts are sealed inside the brass casting. The valve itself must be adjusted to %ths of 1/1000th of an inch. In other words, the valve will open or close admitting or shutting off the gas when the expansion or contraction of the copper rod causes a movement on the plunger of %ths of l/1000th of an inch.

In this action, based upon the negligence of the defendant in manufacturing the water heater, the jury found for the plaintiffs and the court granted a motion for a judgment notwithstanding the verdict. From the judgment so entered this appeal was taken.