183 A.D. 182 | N.Y. App. Div. | 1918
This appeal involves the liability of the defendant for.an explosion of illuminating gas. The defendant supplies gas to consumers. The Harmony Mills owns a house, part of which was occupied by a sister of plaintiff and her family with whom he resided, and the other part was occupied by a girls’ club. The house was formerly illuminated by gas, but several months before the explosion the lighting system was changed from gas to electricity. The service pipes, however, were left in
The case of Schmeer v. Gas Light Co. (147 N. Y. 529) is so analogous to this case in its material facts as to make extended discussion unnecessary. There as here the defendant supplied a meter which was installed and connected by the owner of the premises and it was held that the conduct of the defendant in admitting the gas into the house without an inspection of the piping presented a question for the consideration of a jury as to the defendant’s liability to third parties.
It is now urged that Shear could not delegate to the owner of the building or its employee authority to install the meter.
The judgment and order should be affirmed, with costs.
Judgment and order unanimously affirmed, with costs.