Opinion
Argued October 2, 1940 —
Decided October 18, 1940.
Held, that there was no proof that defendant plumber's negligence caused the explosion of the heater in question, or that he was known to be an unskillful or improper person to do the work for which he was employed.
On appeal from the First Judicial District Court of Hudson county.
Before Justices BODINE and PORTER.
For the defendants-appellants, Willner Willner ( Herman Willner).
For the plaintiff-respondent, Carmen LaCurrubba and Herbert G.A. Muller.
The parties to this suit were adjoining property owners. The defendants had employed a plumber to install on their premises a hot water heater attached to an oil burner. The hot water attachment, during the time the plumber was still checking the operation thereof, exploded because of lack of water damaging plaintiff's premises for which the District Court awarded damages. This was error. There was no proof that the explosion was due to defendants' negligence. Marshall v. Welwood, 38 N.J.L. 339.
There was no proof that the plumber was known to be an unskillful or improper person to do the work. Cuff v. Newark, New York Railroad Co., 35 N.J.L. 17; Sarno v. Gulf Refining Co., 99 Id. 340; affirmed, 102 Id. 223.
The plaintiff having failed to establish a right of recovery the judgment is reversed.