Windish v. Peoples Natural Gas Co.

Citations

• 248 Pa. 236
• 93 A. 1003
• 1915 Pa. LEXIS 552

Syllabus

<p>Negligence — Gas companies — Explosion in dwelling house — Defective service line — Effect of knowledge of defect — Directed verdict for defendant.</p> <p>1. In an action against a gas company to recover damages for injuries to plaintiffs’ dwelling house resulting from the explosion of natural gas therein, where the alleged negligence consisted in permitting gas to escape from pipes in the street, in permitting the service line to corrode whereby gas escaped in the cellar, and in failing to maintain the meter and regulator in proper repair in plaintiffs’ house, the court did not err in directing a verdict for the defendant where there was no evidence showing that the meter and regulator were defective, or that théy or the pipes in the street had anything to do with the escape of gas; it being neither alleged nor proven that plaintiffs were under any obligation to inspect the service line and connections from the curb to the house, or that it had any knowledge that this service line was rusted or corroded to such an extent as to permit gas to escape, and the contract between the consumer and the gas company providing that service pipes and connections from the curb should' be maintained by the consumer.</p> <p>2. In such ease had the defendant company known that the service line was rusted and corroded to such an extent as to permit gas to escape it would have been its duty either to have caused the service line to he repaired by the person whose duty it was to do so, or'to have shut off the gas at the street; otherwise it would have been liable in damages for injuries resulting from such defect.</p> <p>Pleading — Averments of statement — Allegata and probata.</p> <p>3. It is the duty of the pleader to aver the negligence upon which he relies to sustain a recovery, and when the case is tried the burden is on the plaintiff to prove the negligence so charged.</p>