This section contains the nature of the case and procedural background.

P sued Brandt & Co. (D) to recover damages for an explosion of an oil burner that P had contracted with D to maintain, and Five Towns (D1) who was employed by D to service the equipment. The trial court instructed the jury that they might find liability against either D or D1 or against both of them. The jury rendered a verdict for P against D, and in favor of D1 against P and in favor of D1 against D on a cross-complaint. D appealed.

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