Plaintiff’s claim is for damages to her residence and personal property caused by an explosion in the basement of her housе on August 27, 1942. The negligence alleged is failure to install a vent pipe to a water heater to draw off escaping pyrofax gas. Cоnstruction of the house was completed April 1, 1937. An oil-burning furnace was installed in one corner of the basement. An electric pump suрplied water from wells. A plumber, Mr. Boyce, furnished and installed a Hercules water heater in the diagonally opposite corner оf the basement without placing a vent pipe to carry off escaping gas, and did “all the water pipe work” in the house. In June, 1937, plаintiff and her husband procured pyrofax gas equipment from defendant for their cookstove, on a written order, Exhibit C.
*44 Plaintiff testified:
“Mr. Lee’s man * * * late one afternoon * * * came in a truck * # * and booked up tbe * * * copper tubing to tbe (cook) stove and be was a little bit peeved because it was late. * * * He was ready to go and I said, ‘How about tbe bot water beater?’ He said, ‘I don’t bave enough tubing for that.’ So be went back and gоt more tubing * * * and came back and be booked up tbe bot water beater in tbe basement to tbe * * * pyrofax tanks on tbe outside (of tbе bouse).”
She later testified:
“I relied upon that gas man to do my job.”
Exhibit C required defendant to make inspection and certain necessary changes in tbe cookstove to fit it to burn pyrofax gas, including proper orifices, new burners designed for pyrofax gas, and provided for proper beat control. ■
It can fairly be inferred that tbe order as to tbe water beater given as above quoted from plaintiff’s testimony included all necessary changes and adjustmеnts of tbe water beater to convert it to tbe use of pyrofax gas, which was done in tbe cookstove job just finished.
There is compеtent testimony to show that even a slight examination of tbe beater would disclose the lack of a vent pipe. Pyrofax is a heavy gаs and will settle to tbe floor, but a suitably installed vent pipe would vent tbe gas out of tbe building, accord1 ing to tbe testimony of witness Cole, who further tеstified:
“These bottled gases or liquified petroleum gases are all heavier than air and would fall to tbe floor and blanket. Butane is heavier than propane. By ‘blanket’ I mean lay in a stratum near tbe floor, *45 very similar to water * * _ * They do mix with the air — but they lay more like a fog in a mеadow and they would gradually spread. * * * Natural and artificial gases are lighter than air. The products of combustion of both of these gases would merely flow up the flue, but if you let the raw gas out and did not burn it, these gases * * * would go up the flue, being lighter than air, whereas propane and butane, the heavier gases, would lie on the floor * * * '
“Q. Assuming that it (a vent pipe) was installed with a tight junction at the top of the down-draft diverter and extended out the window or through the upper part of the heater into the atmosphere to a height 4 or 5 feet above thе top of the roof * * *
“ A. In my opinion, it would have taken the gases out of the room.”
The difference in weight between pyrofax and natural or artificial gases indicates a duty on the part of defendant, in conditioning the heater which was to burn pyrofax rather than the lighter gаses, to examine and adjust the vent to take care of any heavy gas which might escape, provided such vent pipe would accomplish that purpose.
Testimony was given tending to show that it was the custom among plumbers to install a vent when an automatic hot water heater was used as in this case, and that it is common knowledge of the plumbing industry in that community that automatic cutoffs sometimes do not work. Thе owners could not be expected to know as well as defendant that pyrofax is a heavy gas hard to vent or what changes, if any, would be required in the heater to make it ready to burn defendant’s gas, whether as to the burner, the vent, or any other necessary change. All thоse possible questions were left to defendant’s *46 judgment without suggestion, instruction or limitation.
The foregoing matters differentiate this case from
Fleegar
v.
Consumers Power Co.,
Under the circumstances of this сase it must be held as a matter of law that defendant was bound to use reasonable care in connecting pyrofax gas to the water heater so that the same should be reasonably safe for the use contemplated.
Plaintiff’s brief cites
Grinnell
v.
Carbide & Carbon Chemicals Corp.,
“The record shows that under certain сonditions the use of pyrofax may cause an explosion more powerful than dynamite.”
Also, on p. 521 of the same opinion we say, referring to the installation of pyrofax gas connection:
“The * * * installation was an imminently' dangerous one since it was in a box inside the bоat and unvented to the outside. Yet the defendant continued to supply the chemical. Having knowledge of this hazardous installation, it was nеgligent of the defendant to deliver any type of tank whatsoever.”
Plaintiff further appropriately cites from
Fredericks
v.
Atlantic Refining Co.,
*47 “Negligence is absence or want of care under the circumstances. A higher degree of care is required in dealing with a dangerous agency than m the ordinary affairs of life or business, which involve little or no risk. No absolute standard can be fixed by law, but every reasonable precaution suggested by experience and the known danger ought to be taken. ’ ’
The trial judge ruled that defendant owed to plaintiff no duty to install and connect a vent to the water heater when he connected it with gas and for that reason directed a verdict for the defendant.
The testimony in the case presents an issue of fact as to whether installing the vent pipe would have been effective to carry off the gas. Unless the jury finds that the installation of a vent pipe would be effective, defеndant’s failure to make the installation cannot be a ground of recovery. An issue of fact is also presented by conflicting testimony аs to the proximate cause of the explosion, whether it was caused by the absence of the vent pipe or by reason of a defective bimetal cut-off valve or some other cause. Plaintiff has the burden of establishing the fact that the proximate cause of the explosion was the absence of the vent pipe and that defendant did not use reasonable care in connecting the pyrofax gas to the water heater, otherwise she cannot recover.
For other authorities bearing upon the duty of the defendant as to connecting of gas, see
Scarborough
v.
Central Arizona Light & Power Co.,
The judgment for defendant is reversed for the reasons given, and a new trial is ordered to determine the issues of fact above indicated. Costs to plaintiff.