Maryland Casualty Co. v. Cherryvale Gas, Light & Power Co.

Citations

• 99 Kan. 563

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Permitting Gas to Escape — Damages — Proximate Cause. Where natural gas has been negligently permitted to escape, and it is ignited with a match by a person who is searching for the gas leak, and an explosion results, the consequent damages are attributable to the explosion of the gas and to the negligence which permitted the gas to escape.</p> <p>2. Same — Insurance — Payment of Loss — Subrogation to Rights of Policy Holder. Where an insurance company issues a policy of insurance covering loss or damage to property, it is not bound to quibble with the policy holder as to whether the loss falls precisely within the terms of the policy. It may pay the loss, and it will thereby become subrogated to all the rights of the injured party in an action against the wrongdoer.</p> <p>S. Same — Demurrer—Full Credence to be Given Evidence. Rule followed that on a demurrer to the plaintiff’s evidence in support of its cause of action the evidence is to be given full credence and considered in its most favorable light towards the party which adduced it.</p> <p>4. Same — Escape of Gas — Explosion — Damages — Prima Facie Case Against Gas Company. Where the servant of a gas company, in response to an application to the company for gas service, turns on the gas at the wrong stop-box whereby the gas escapes 'and enters neighboring property and is ignited by one who is testing the gas pipes for a supposed leak, and an explosion results, the consequent damage makes a prima facie case against the gas company which can not be met by a demurrer to plaintiff’s evidence.</p> <p>5. Same — Pleadings—Answer—Demurrer: The question of splitting of causes of action considered, and held that such a defense can not be used to strengthen a demurrer to plaintiff’s evidence.</p>