Luengene v. Consumers Light, Heat & Power Co.

Citations

• 86 Kan. 866
• 122 P. 1032
• 1912 Kan. LEXIS 405

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Gas Explosion — Personal Injuries — Evidence. In an action for, damages for personal injuries caused by a gas explosion in a building, against a company engaged in the sale and distribution of natural gas, an injured person who has exercised proper care for his own safety is not bound to show by what means the gas was ignited.</p> <p>2. Defective Pipes — Other Explosions — Notice to Superintendent. A letter from thé mayor to the superintendent of the company supplying natural gas in the city, calling attention to recent gas explosions and requesting repairs to prevent further damage by escaping gas, is competent evidence on the question of notice to the company in an action relating to an explosion occurring soon afterwards, although the particular location of defects was not stated in the letter.</p> <p>3. - Same. Where odors and other indications of the escape of natural gas appeared at certain premises, and occupants of the premises affected called the gas company by telephone, making complaint thereof and asking that some one be sent to investigate the matter, and thereupon a man came and made such investigation, evidence of these facts is competent as tending to show notice to the company.</p> <p>4. Evidence — Newspaper Reports — Notice. The testimony of the superintendent, of a gas company that he was a subscriber to newspapers which contained accounts of gas explosions in the city and had read such articles is, in the circumstances stated in the opinion, competent evidence upon the question of notice to the company of defects and leakage.</p> <p>5. Joint Wrongdoers — Joint Liability. A gas company is not absolved from the consequences of its. negligence in permitting the escape of gas causing an explosion and injury in a particular place, merely because gas also escaped and accumulated in the same place through the negligence of another party. “Where two or more parties, by their concurrent wrongdoing, cause in