Finson v. City of Topeka

Citations

• 87 Kan. 87
• 123 P. 723
• 1912 Kan. LEXIS 95

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Negligence — Escaping Gas — Safe Place to Work. Plaintiff’s husband, while in the employ of a city as a laborer, was killed by an explosion of natural gas in a fire cistern belonging to the city, in which he was at work. The gas escaped into the cistern by reason of defective gas .mains in the city streets maintained by a gas company operating under a franchise granted by the city. There was evidence tending to show that the city was negligent in permitting the gas to escape into and remain in the cistern. Held, that an action in. damages may be maintained against the city for such wrongful death.</p> <p>2. - Same. The liability of the city in such a case rests wholly upon its neglect of the master’s duty to furnish the servant a reasonably safe place in which to work.</p> <p>3. - Same. In such an action a demurrer was properly</p> <p>sustained to an answer setting up the fact that the gas escaped into the cistern by reason of the negligence of the gas company in failing to keep its gas mains and service pipes in proper repair.</p> <p>4. - Same. There was evidence tending to show that the immediate cause of the explosion was the act of another employee of the city who' struck a match for the purpose of lighting a cigar. The proximate cause of the injuries resulting from the explosion .is held to be the negligence in permitting the gas to escape into and remain in the cistern. Where dangerous gases are thus confined an explosion is regarded as-a natural and probable consequence which might reasonably have been foreseen.</p>