11 S.E.2d 68 | Ga. Ct. App. | 1940
1. Under the allegations of the petition there was no duty on the defendant to inspect the gas water-heater and pipes and vents connected therewith, as they were owned and controlled by the owner of the building or the occupant thereof, and not by the defendant. "Where an appliance for heating water by gas, on private premises, is owned and controlled by the owner or occupant of the premises, a company which did not sell or install the appliance, but which merely furnished gas to it, is not responsible for the condition of the appliance, and is not liable to the owner or occupant for injuries caused by its defective condition, unless the gas is supplied by the company, with actual knowledge on its part of the defective and dangerous condition of the appliance."
2. The petition failed to set out a cause of action, and the court did not err in dismissing it on the general demurrer.
1. It is alleged in the petition that on or about October 31, 1938, the defendant contracted to furnish gas for heating and other purposes to the residence occupied by Mrs. Cornett in Athens, Georgia, and on that date turned gas into the then existing pipes and appliances in her dwelling and bathroom and made gas available for use therein, it being alleged that the defendant inspected or pretended to inspect the pipes, vents, and appliances at that time. The instantaneous gas water-heater in the bathroom, used for heating water, had been in use for several years by former occupants of the premises, and was in good condition and safe for the use intended, so far as Mrs. Cornett was able to ascertain. It is not alleged that the defendant installed the gas water-heater or had any control thereof, but it does appear that it had been in use for several years before the plaintiff moved into the house, and that it was continued in use by her for about five months before it is alleged that she was injured by escaping gas from the heater on March 21, 1939. It is alleged that gas escaped from the gas water heater into the bathroom on account of the negligence of the defendant in failing to provide proper vent pipes and vents for the escape of carbon monoxide and other gases to the outside of the building; and that the vent pipes and vents in use at the time of the alleged injury, and in use when the defendant turned the gas on in the premises, were filled with leaves, debris, and decay, and were unfit for use. Construing the petition, on demurrer, most strongly against the pleader, it shows that the gas water-heater and the pipes and vents connected therewith were not installed by the defendant, but had been installed by the owner of the building, or some former occupant thereof, long before Mrs. Cornett moved into the premises; that the heater and equipment had been used for several years by former occupants before Mrs. Cornett moved in; that it appeared to be in good condition at that time, and was continued in use by her without giving any trouble whatever for about five months before the incident complained of occurred. Under the allegations there was no duty on the defendant to inspect the gas water-heater and pipes and vents connected therewith, as they were owned and controlled by the owner of the building or the occupant thereof, and not by the defendant. *308
2. The quotation in headnote 1 is from Metz v.Georgia Public Utilities Corporation,
The petition failed to set out a cause of action, and the court did not err in dismissing it on the general demurrer.
Judgment affirmed. Stephens, P. J., and Felton, J.,concur.