Jennings v. Davis

Citations

• 187 F. 703
• 109 C.C.A. 451
• 1911 U.S. App. LEXIS 4213

Syllabus

<p>1. Mines and Minerals (§ 12:1*) — Degrees of Care — Operation of Pipe June.</p> <p>The owner of a pipe line used for the transportation of petroleum, the escape of oil from which limy cause damage to the property of others, is not bound to the exercise of such a high degree of care as will absolutely prevent the leakage of such oil under any circumstances, but the measure of care required, as in all other cases, is that which would be exercised by a man of ordinary prudence under the same circumstances and conditions if the whole risk were his own.</p> <p>[Ed. Note. — For other cases, see Mines and Minerals, Dee. Dig. § 121.*]</p> <p>2. Mines and Minerals (§ 125*) — Evidence—Happening of Accident.</p> <p>The mere fact that leakage in an oil pipe line was caused by the blowing out of a rubber gasket between the two parts of a joint does not constitute evidence of negligence in the construction or operation of the pipe line or in the quality of the materials used, and the owner cannot be held liable for damage caused to the property of another by such leakage without evidence of negligence in one or the other of such particulars.</p> <p>[Ed. Note. — For other cases, see Mines and Minerals, Dec. Dig. § 125.*]</p> <p>3. Mines and Minerals (§ 121*) — Pipe Line — Negligence.</p> <p>Plaintiff owned buildings near defendants’ pipe line, one of which was occupied by a third person as a blacksmith shop. The blowing out of a gasket from a pipe joint in the evening caused a leakage of oil which spread over the ground around and under plaintiff’s buildings. When the blacksmith came to his shop in the morning there was oil under it, the floor being two feet from the ground, and also in front where he was compelled to walk through it. He started a fire, heated a piece of iron, and cut off a piece on the anvil, and allowed such piece, which was red hot, to fall through a crack in the floor where it set fire to the oil and plaintiff’s buildings were destroyed. Held that, aside fr