Hashman v. Wyandotte Gas Co.
Hashman v. Wyandotte Gas Co.
Opinion of the Court
The opinion of the court was delivered by
In an action brought by Charles Hashman against the Wyandotte Gas Company he alleged that he was seriously injured by an explosion of gas that had accumulated in a catch basin from leaky and defective pipes which the gas company had laid and negligently maintained in the streets of Kansas City. The jury returned a verdict awarding damages to Hashman in the sum of $1500, and returned with it answers to a number of special interrogatories. The company appeals, and one of its principal contentions is that the findings and verdict are not supported by the evidence.
It is true, as appellant contends, that there is no direct evidence of the escape of the gas which exploded and injured the appellee, but there is testimony which appears to warrant the inference that it came from the defective pipes maintained by appellant and that appellant is responsible for the injury inflicted. Direct proof of negligence is not essential to a recovery, as negligence may be established by circumstantial evidence alone. If the circumstances proved fairly authorize the inference of negligence, and the jury have drawn that inference, it is enough. The fact that the result is not free from doubt or that different persons might draw different conclusions from the same testimony is not a good reason for disturbing the verdict. As was said in Railway Co. v. Wood, 66 Kan. 613:
“Circumstantial evidence in a civil case, in order to be sufficient to sustain a verdict, need not rise to that degree of certainty which will exclude every reasonable conclusion other than the one arrived at by the jury.” (Syllabus.)
There is a contention that the special findings are inconsistent with the general verdict. One answer of the jury is that they did not know whether defendant had notice that the gas pipes in the vicinity of the explosion were old, worn and defective, and it is contended that this is equivalent to a finding that they had no notice. This answer manifestly meant that the company had no direct notice of the condition of the pipes, and this is disclosed by other findings of the jury. The next answer was to the effect that gas burning in the street of itself suggested to the company the likelihood that there were defects in its pipes in that section, and in
It is contended that another finding is inconsistent with the general verdict. To the question, “Aside from the fact that the defendant owned the gas mains in the street, and that gas accummulated in the catch basin in question, and exploded on March 18,1907, and was seen a couple of times within two weeks prior to the explosion along the curb line while paper was being burned, what other fact, if any, do you find showing any defects in the defendant’s gas mains prior to March 18, 1907 ?” the answer was, “None.” This general answer narrows to some extent the evidence of defects in the pipes, but when these facts are read in the light of the testimony relating to them and the inferences which go with them are considered it can not be said that it conflicts with the general verdict or that there is an insufficient basis for the verdict.
Two special questions asked were properly refused. Each was complex in construction and embraced a number of distinct facts. In submitting questions it is the duty of counsel to frame each question so as to present a single, direct and material fact involved in the issues of the case, and in that way give the jury a fair opportunity to return a positive, direct and intelligible answer. (Railroad Co. v. Aderhold, 58 Kan. 293.)
Complaint is made as to the admission of evidence as to the condition of the pipes subsequent to the explosion, but the trial court in its instructions properly limited the purpose and effect of this testimony, and of the instructions there is no complaint.
There is nothing substantial in the contention that the award of the jury was excessive, nor do we find any material error in the proceedings. The judgment is affirmed.
Reference
- Full Case Name
- Charles Hashman v. The Wyandotte Gas Company
- Cited By
- 31 cases
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- Published
- Syllabus
- SYLLABUS BY THE COURT. 1. Evidence — Circumstantial—Finding that Gas which Exploded Came from Defendant’s Underground Pipes. Although there was no direct evidence that the natural gas which exploded and injured appellee came from the gas pipes of appellant, the fact that on two different occasions just before the explosion gas came up through the ground, caught fire and burned above appellant’s gas pipes close to the place of the explosion, together with the fact that the pipes had been in the ground considerable time, and had rusted and scaled to quite an extent, justified the inference drawn by the jury that the gas which exploded and caused the injury came from the pipes of the appellant. 2. Notice — Defective Underground Gas Pipes — Circumstantial Evidence. The burning of the escaping gas on the streets in which the pipes were laid and in a densely populated section of the city justified the inference that the appellant knew or should have known of the defective condition of its gas pipes. 3. Special Questions — Construction and Contents. In asking for the submission to the jury of special interrogatories it is the duty of counsel to frame each question so as to present only a single, direct and material fact, one which is within the issues of the case. 4. Special Findings — Consistency with General Verdict. The answers to special questions examined and found not to be in conflict with the general verdict.