37 Ind. App. 4 | Ind. Ct. App. | 1905
Action by appellee for damages for personal injuries resulting from an explosion of natural gas. With their general verdict in appellee’s favor the jury returned answers to interrogatories. Over appellant’s motions for judgment on the answers and for a new trial judgment was rendered on the verdict. The rulings on these motions and on the demurrer to the amended complaint are assigned as errors.
The complaint avers, in substance: That appellant maintained a system of pipes in the streets and up to the property line of abutting owners for furnishing gas to custom
Against the sufficiency of the complaint, appellant’s counsel urge in the argument that the acts or omissions complained of do not amount to negligence, and that the pleading shows that an independent- intervening agency was the proximate cause of the injury.
In McGahan v. Indianapolis Nat. Gas Co. (1895), 140 Ind. 335, 29 L. R. A. 355, 49 Am. St. 199, cited by counsel for appellant as controlling in this case, appellant was an experienced plumber, employed by the tenant of a building to locate and remedy the defect in the pipes from which gas was escaping. The company had been repeatedly notified, and had promised to shut off the gas, but had not done so. It was not shown that appellant did not know the gas was escaping. He undertook to locate the defect while the gas was flowing into the pipes. "While at work, an explosion occurred. It was not shown how or by whom the gas was ignited. It was held that the court could say as a matter of common knowledge that the injury was not due to spontaneous combustion, and that it was impossible without some agency acting upon the leaking gas. It is stated in the opinion that the facts as they were presented by the complaint raised the inquiry as to whether the alleged negligence of the company was the proximate cause of the injury, regardless of whatever agency intervened; and it is held that, indulging the ordinary presumption against the-pleading, in the absence of any averment as to the agency necessary to have intervened, the court would presume that it was a responsible agent, that the presumption most favorable to appellee should be indulged, and that was that the intervening agency was the appellant’s own act in carrying a lighted lamp which caused the explosion.
Objections are urged to certain instructions given. What we have already said with reference to the complaint and answers to interrogatories is applicable to some of the objections urged, particularly those in reference to the question of an independent intervening agency.
We find no error in the record. Judgment affirmed.