Sangiacomo

This is an appeal by plaintiff and cross-defendants San Carlos Manufacturing Company and Heieek & Moran from an order made on December 5,1960, granting a new trial to defendant Beaumont Furnace and Sheet Metal Corporation on plaintiff’s complaint and its answer thereto and granting a new trial on Beaumont’s cross-complaint and the respective answers thereto of cross-defendants San Carlos Manufacturing Company and Heieek & Moran.

Plaintiff owned an apartment building which was damaged by a fire which his complaint alleges resulted from the negligent installation of a wall heater by defendant Beaumont Furnace and Sheet Metal Corporation and the defective and negligent manufacture of said heater by defendant San Carlos Manufacturing Company. Beaumont cross-complained against San Carlos and cross-defendant Heieek & Moran, the distributor, on the theory that, if the heater was defectively manufactured, Beaumont should be indemnified by them as against plaintiff’s claim.

The jury returned a verdict of $4,289.60 in favor of plaintiff as against Beaumont on the complaint, and a verdict in favor of San Carlos and Heieek & Moran on Beaumont’s cross-complaint. It would thus appear from the…