29 App. D.C. 554 | D.C. | 1907
delivered the opinion of the Court:
The first assignment of error relates to the contention that the escape of oil from appellants’ tanks was not the proximate cause of the injury. We can find no merit in this assignment. It is a generally accepted and natural law that liquid substances flow down hill. It is in evidence in this case that petroleum residuum is lighter than, and will therefore float upon, water. Considering the location of defendant’s premises upon the banks of the river, the location of the oil tanks above and near the river, the fact that the premises of the plaintiffs were located on the banks of the river not far from and below the defendant’s premises, that the current of the river would naturally and indeed inevitably almost immediately carry such a substance from the higher to the lower level, — considering all these things, we think it naturally and logically follows that the injury suffered by the plaintiffs was the natural and proximate result of the escape of this large amount of oil. As stated by the Supreme Court, the defendant will be held liable where it appears “that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to-have been foreseen in the light of the attending circumstances.”' Milwaukee & St. P. R. Co. v. Kellogg, 94 U. S. 475, 24 L. ed. 259.
Counsel for appellant rely upon the case of Hoag v. Lake
The remaining assignment of error is directed to the ruling that the defendant was liable, whether guilty of negligence or not. Whilst the adjudged cases are not in harmony on this question, we have reached the conclusion that the rule followed by the court below was correct. It is true, as appellant contends, that every person has a right to use his property as he pleases so long as he keeps within the law, and ohssnmsMhe^rjqhts^ of those cmmníMíW'. What those rights are depends upon the circumstances surrounding each case. Thus, a farmer may without objection maintain a pigsty, while to do so in a crowded city would be to maintain a nuisance. Notwithstanding that pig raising is a perfectly lawful business, it may only be conducted in such a place and in such a manner as not to offend against the rights of others. Who will attempt to justify the maintenance in a crowded city of a storage house for the keeping of tons of dangerous explosives? And yet the contemplated use of such explosives might be perfectly legal. The objection to
The rule announced in that case has been followed by the Canadian courts, and has been adopted with or without modification by many of the courts of the United States. Berger v. Minneapolis Gaslight Co. 60 Minn. 296, 62 N. W. 336; Ottawa Gaslight & Coke Co. v. Graham, 28 Ill. 73, 81 Am. Dec. 263; Kinnaird v. Standard Oil Co. 89 Ky. 468, 7 L.R.A. 451, 25 Am. St. Rep. 545, 12 S. W. 938; Shipley v. Fifty Associates, 106 Mass. 194, 8 Am. Rep. 318; Gorham v. Gross, 125 Mass. 232, 28 Am. Rep. 224, and Lawson v. Price, 45 Md. 123.
• In the present case the defendant company located its plant on the banks of a navigable stream, within the city limits, and in the vicinity of boathouses and docks. It knew, or should have known, that a navigable stream is a public highway, with the enjoyment of which it could not legally interfere. It knew, or should have known, that if any considerable amount of the liquid substance it kept within its tanks escaped it surely would find its way to the river, and as surely interfere with the use and enjoyment of that river by the public. In other words, that it would obstruct traffic and constitute a nuisance. It had knowledge of the congressional intent in respect to the pollution of the river, for Congress had ordained that no person should “allow any tar, oil, ammoniacal liquor, or other waste products” to flow into or bo deposited in the Potomac river within the District. Code, sec. 901 [31 Stat. at L. 1336, chap. 854]. Notwithstanding all this, it constructed, almost over the bed of the stream, two large tanks, and stored therein some 14,000 gallons of petroleum residuum, and permitted a considerable quantity to escape to the river, remain thereon for weeks, and injure innocent persons. It admits the escape, but contends it should not be held liable for the consequences without proof of negligence, because it was engaged in a lawful business. Under the circumstances of this case, it is quite clear to us that this contention is not sound. There is no evidence that it was at all necessary to locate this plant on the banks of the river, and common sense tells us that asphalt and petroleum
Supposing these tanks had been placed near one of the streets of the city, and in such a position that escaping oil would flow upon the street; and supposing the company had permitted 1,500 gallons of the thick and adhesive contents to escape and cover the street for several blocks, and remain thereon for several weeks, — is it possible that the company could have escaped liability for special damages sustained by those lawfully passing over the street, by merely showing that it was guilty of no negligence? We think not. And yet the Potomac river is a public highway, and the proof shows that the Brennan Company suffered a considerable portion of that highway, for a considerable period of time, to be covered with this same thick and adhesive substance.
The Nitro-glycerine Case (Parrott v. Wells) 15 Wall. 538, 21 L. ed. 211, is not in point. In that case the express carrier unwittingly received for carriage a dangerous explosive, and the court very naturally declined to hold the carrier responsible for the consequences • of an accident that followed. ■ There is no analogy between that case and this.
There being no error in the record, the judgment will be affirmed, with costs, and it is so ordered. Affirmed.