McCoy v. Ohio Valley Gas Co.

Citations

• 213 Pa. 367
• 62 A. 858
• 1906 Pa. LEXIS 487

Syllabus

<p>Xegligen.ce — Xatural gas companies — Pipe lines — Master and servant— Presumptions — Evidence.</p> <p>In an action against a natural gas company by one of its employees to recover damages for personal injuries sustained while repairing a pipe, it appeared that at the point where the explosion occurred a landslide had pushed some of the sections of the pipe from their original location; to what extent did not appear, but sufficient to cause a leak where two of the pipes joined. Plaintiff had no control over the work but simply obeyed orders; and while the work was being done the company did not check or moderate the flow of the gas, although this could have been done. The defendant claimed that the accident was the result of a latent defect in the pipe. The evidence showed that at the time of the accident there was a pressure upon the pipe of about 225 pounds to the square inch, that the pipe had been in the ground for four years subjected continuously to a usual pressure of about 400 pounds. Before it had been placed in the ground it had been subjected to a test of 800 pounds, and after it had been placed in the ground it had been subjected to another test of 450 pounds. Held, that the case was properly submitted to the jury inasmuch as the circumstances connected with the happening of the accident were sufficient to warrant an inference of negligence in failing to shut off the gas or regulate its flow.</p>