Shirey v. Consumers' Gas Co.
Shirey v. Consumers' Gas Co.
Opinion of the Court
Opinion by
The appellant here complains of the refusal of the court below to enter judgment for the defendant, non obstante veredicto on the points reserved, and of the refusal to give binding instructions to the jury in favor of the defendant. We think that there was a substantial question of disputed fact in this case which the court could not properly have taken from the jury. It is admitted that defendant’s gas main broke, that gas escaped therefrom, and found its way into the house of the plaintiff, where it exploded and caused damage. There was some evidence on the part of the plaintiff, given by a policeman, that he had smelled gas in the street in the vicinity a few nights previously, or at least a night or two before the explosion. There was also testimony on the part of three ivitnesses that the fractured edges of the gas pipe, when examined after the explosion, showed in part indications of an old fracture. There
The assignments of error are overruled, and the judgment is affirmed.
Reference
- Full Case Name
- Shirey v. Consumers' Gas Company
- Cited By
- 14 cases
- Status
- Published
- Syllabus
- Negligence — Gas company — Explosion—Province of court and jury. In an. action against a gas company to recover damages for injuries caused by the explosion of gas it was admitted that defendant’s gas main broke, that gas escaped therefrom, and found its way into the plaintiff’s house where it exploded. A policeman testified that he had smelled gas in the street in the vicinity a night or two before the explosion. Three witnesses testified that the fractured edges of the gas pipe when examined after the explosion showed in part indications of an old fracture. There was a dispute as to the cause of the break of the gas main. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained. A company dealing with a substance so dangerous as gas must be held to a high degree of care, and the exorcise of every reasonable precaution in guarding against accidental injury.