State ex rel. Brady v. Consolidated Gas Co.

Citations

• 85 Md. 637
• 37 A. 263
• 1897 Md. LEXIS 71

Syllabus

<p>Negligence — Escape of Gas Causing Death — Liability of Gas Company — Evidence.</p> <p>It is not per se negligence on the part of a gas company to leave a supply pipe in the cellar of a house where gas is no longer used, with a stop-coclc shutting off the gas; and if the company has no notice of any defect or leak in the pipe, it is not negligence on its part not to make an examination of the premises.</p> <p>In an action against a gas company to recover damages for a death alleged to have been caused by the escape of gas, the plaintiff’s evidence was that he did not use gas in his house and there was no meter there, but that there was a supply pipe in the cellar on which was a stop-cock shutting off the gas, and this condition had existed for five years without any leak; that coal was piled by the plaintiff over and against the pipe; that on returning to his house one afternoon plaintiff perceived a strong odor of gas and found his daughter lying on the floor of the cellar, dead. The medical evidence was that she had been dead for some hours when found, but there was no evidence showing that she was killed by inhaling gas. There was then a leak in the pipe, but there was no evidence to indicate how this was caused. Held, that since the plaintiff had failed to prove that the deceased came to her death by inhaling gas and also that the escape of gas was caused by defendant’s negligence, the jury was properly instructed that their verdict must be for the defendant.</p> <p>In the above case evidence that a stop-cock on a supply pipe is a dangerous method of shutting off gas is not admissible, when there is no evidence in the case showing that the condition of the stop-cock had anything to do with the escape of gas.</p> <p>And evidence that it would be safer to put a cap on the pipe instead of a stop-cock, or that it would be safer to turn the gas off in the street is inadmissible.</p> <p>In an action for the negligent escape of gas, a witness cannot be asked if he w