57 Ga. 28 | Ga. | 1876
The plaintiff, Chisolm,. sued the Atlanta Gas Light Company, in the justice’s court, for the sum of $100 00, for damages done to his store-house in the city of Atlanta, by the explosion of gas. The justice gave judgment for the defendant. The plaintiff entered an appeal to the superior court. On the trial of the appeal, the court, after hearing the plaintiff’s evidence, on motion of the defendant, non-suited the plaintiff, whereupon lie’excepted.
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It is insisted by the defendant in error that the explosion was caused by the careless negligence of the plaintiff or his tenants. The reply is that if the defendant had shut off the gas at .the service-cock, instead of at the meter-cock in the plaintiff’s cellar, on the 28 th of December, 1873, when it was notified that the plaintiff had no further use for its gas on his premises, the explosion would not have occurred in that house on the 5th of January, 1874, for the simple reason that there would not have been any of the defendant’s gas on the plaintiff’s premises to explode either by the negligence of the plaintiff or his tenants. The plaintiff had no reason to suppose that any of the defendant’s gas was on his premises, after it was notified to cut it off on the 28th of December, 1873,
In our judgment there was sufficient evidence to have been submitted to the jury for them to say whether the explosion of the gas in the house was caused by the defendant’s negligence or not/and that the granting of the non-suit was error.
Let the judgment of the court below be reversed.