39 Ga. App. 454 | Ga. Ct. App. | 1929
The issues in this case will be understood when the headnotes are read in connection with the following statement : W. J. Bone brought suit against the Georgia Bailway and Power Company, alleging in part that the defendant was engaged in manufacturing and selling gas for heating and illuminating purposes in the city of Atlanta; that as a tenant he was occupying a house in which were gas-fixtures and appliances used in furnishing gas to the plaintiff; that on the early morning of June 23, 1925, the plaintiff and others noticed a strong odor of escaping gas; that this was reported early in the morning and again during the day to the complaint department of the gas company, which department the gas company maintains and to which its customers can make complaint ; that each time aiter the leaking gas was reported the complaint department promised that' some one would be sent to remedy the trouble; that when the plaintiff returned to his home in the afternoon he found that the company had not complied with its
Special grounds 5 and 6 of the motion complain that the court erred in admitting the evidence of the plaintiff that “he. did not believe that the gas was strong enough to explode in any part of the house,” and that “he had seen gas people look for leaks with a match.” The other special grounds of the motion are based upon alleged errors in the charge of the court. The motion for a new trial was overruled, and the defendant excepted.
Judgment affirmed.