Engengro v. New Haven Gas Co.
Engengro v. New Haven Gas Co.
Dissenting Opinion
(dissenting). Too much court time is wasted when we persist in reversing judges who have the good sense to direct verdicts in cases in which it would be necessary to set aside the verdict if the case was submitted to the jury. Bambus v. Bridgeport Gas Co., 148 Conn. 167, 171, 169 A.2d 265;
The majority opinion presupposes that there was-a leak in the gas service in the baker’s oven. But there was no evidence from which the jury could conclude that there was a leak in that piece of equipment. There was evidence that there had been an odor of gas in the kitchen but none in the vicinity of the baker’s oven. The plaintiff testified that she did not know whether she had turned on the gas when she went to light the pilot. Yet, she stated that the pilot key was so tight that she could not turn it with her hands but had to use a pair of pliers to do so. The gas was turned off the night before, and it was off an hour after the explosion when the gas company’s-repairmen arrived. The pliers must have acted automatically. There were no leaks in the oven pipes when they were tested after the explosion. Certainly, if there had been a leak, the force of the explosion would have enlarged it. The trial judge was fully justified in directing the verdict.
Opinion of the Court
At the close of the plaintiff’s case, the Court of Common Pleas directed that a verdict be returned for the defendant on all issues. The sole assignment of error attacks the denial of the plaintiff’s motion to set aside the directed verdict.
The basic facts surrounding the plaintiff’s claim are not in dispute. For several years prior to and on the date of the accident, plaintiff had been employed in the kitchen of Hamden High School. Each morning she had the duty of lighting the stoves and ovens, all of which were heated by gas supplied by the defendant. On the morning of March 24, 1961, the plaintiff was injured when the baker’s oven exploded. Plaintiff testified that she could not remember whether she had turned on the gas
In reviewing the direction of a verdict for the defendant we examine the evidence in the light most favorable to the plaintiff. Santor v. Balnis, 151 Conn. 434, 435, 199 A.2d 2; Nuzzo v. Connecticut Steel Co., 147 Conn. 398, 400, 161 A.2d 791. We also consider the inferences which may reasonably be drawn from that evidence. Adams v. Mohican Hotel, 124 Conn. 400, 401, 200 A. 336. If there is evidence upon which the jury could have reasonably found liability in accordance with the allegations of the complaint, the court should not have directed the verdict. Bambus v. Bridgeport Gas Co., 148 Conn. 167, 168, 169 A.2d 265. Notice of an odor of gas was given to the defendant’s employees upon two occasions shortly before the accident. There was testimony that this odor had been noticed for some time principally in the stove area and that the defendant’s repairmen had been so informed. All appliances in the kitchen were turned off the night before. The pilot was found off after the explosion. There was no evidence that it had been touched after the explosion. The explosion resulted either from a leak or because the plaintiff delayed in lighting the pilot after turning it on. There was no evidence that the plaintiff was slow in lighting the match to
Either there was a leak or the plaintiff was negligent in her procedure. We cannot say that the proof offered by the plaintiff is conclusive as to a leak having been present, but it is not necessary that only one theory be suggested by the evidence for it is the particular function of the jury to accept one theory and reject another. LeBlanc v. Grillo, 129 Conn. 378, 383, 28 A.2d 127. We do not require that the plaintiff’s evidence exclude every other hypothesis but her own. Dickson v. Yale University, 141 Conn. 250, 253, 105 A.2d 463; LeBlanc v. Grillo, supra, 381; Bradbury v. South Norwalk, 80 Conn. 298, 301, 68 A. 321.
There is error, the judgment is set aside and a new trial is ordered.
In this opinion King, C. J., Alcorn and Comley, Js., concurred.
Reference
- Full Case Name
- Mary Engengro v. the New Haven Gas Company
- Cited By
- 14 cases
- Status
- Published