Leonard v. United Kansas Portland Cement Co.

Citations

• 91 Kan. 735
• 139 P. 478
• 1914 Kan. LEXIS 111

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Personal Injuries — Gas Explosion — Negligence — ■Joint Liability of Cement Company and Gas Company. In an action against a gas company and a cement company for personal injuries sustained by an employee of the former, through an explosion of natural gas, held that a judgment against both was warranted by evidence of the following facts: The gas company furnished gas to the cement company, measured by meters installed by the gas company in a meter-house built by the cement company; the meters required to be tested every thirty or sixty days; they were so situated that when a “prover” was applied for that purpose, the gas escaped into the house; an employee of the gas company had provided an extension so that the gas would be carried outside; this, however, interfered with the accuracy of the test, and on that account a representative of the cement company, to whose satisfaction the test was required to be made, objected to its use, and it was abandoned; the test proceeded without it, being made by an employee of the gas company, assisted by the plaintiff; the representative of the cement company sent word to an employee of that company that he wished to see him, and this employee, coming to the meter-house, lit a match near the door to light a cigarette, and thus caused the explosion.</p>