MOBILE PIPE LINE COMPANY v. Goodwin

492 S.W.2d 608
CourtCourt of Appeals of Texas
DecidedMarch 8, 1973
Docket15970
StatusPublished
Cited by11 cases

This text of 492 S.W.2d 608 (MOBILE PIPE LINE COMPANY v. Goodwin) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MOBILE PIPE LINE COMPANY v. Goodwin, 492 S.W.2d 608 (Tex. Ct. App. 1973).

Opinions

PEDEN, Justice.

Defendant Mobil Pipe Line Co. appeals from a judgment in favor of the plaintiffs in an action for damages for the wrongful death of Mr. W. J. Goodwin, Sr. and for his conscious pain prior to his death.

Some of the facts of this case are undisputed. Goodwin was an employee of Mobil Oil Corp. He and two employees of Mobil Pipe Line Co., Mr. G. L. Woolard and Mr. Red Marsh, were working at the metering station of the Pipe Line Co. at Beaumont on June 20, 1969 when all three died as a result of an explosion and fire of liquid petroleum gas which escaped into the atmosphere from a 10-inch pipe line at the metering station.

About 7,800 barrels of water had been pumped into the 10-inch line at Corsicana, Texas, so that repair work, including welding, could be done on the line near Corsi-cana and near Hull, Texas, both some distance upstream from the metering station at Beaumont. The repair work had been completed when the explosion and fire began; the water was being removed from the pipe line at that time so that the liquid petroleum gas (LPG) in the line could be delivered to Mobil Oil Corp. Water was being discharged from the 10-inch line through a 4-inch line and a 2-inch line from the bottom of a separator, and was flowing into a ditch on the east side of the Metering Station when LPG began coming through the 10-inch line, was discharged into the air through the smaller lines and caught fire. Goodwin’s function at the metering station was as a representative of the Oil Corp. to observe the contents of the pipe line so he could authorize delivery of LPG into his employer’s lines when water had been discharged. The explosion and fire occurred at approximately 11:25 P.M. LPG vaporizes when pressure drops below a certain pressure.

The plaintiffs alleged in their petition that W. J. Goodwin, Sr. was an invitee on the Pipe Line Company’s premises, so it owed him a duty to exercise reasonable care for his safety, but that it breached its duty and as a result he was burned to death in a fire on its premises on or about June 20, 1969.

[611]*611That such fire would not have ordinarily-occurred in the absence of negligence, that defendant was in exclusive control of the premises and of the agency which caused the fire and that the plaintiffs’ decedent did not contribute to the occurrence of the fire. That plaintiffs invoked the doctrine of res ipsa loquitur.

The plaintiffs pleaded, in the alternative, that the fire in question was proximately caused by negligence of the defendant, acting through its employees, servants and/or agents.

The defendant answered by a general denial, and no contributory negligence issues were submitted to the jury. The appellant has filed forty points of error. Points numbers 1, 5, 8, 10, 14, 16, 20, 22, 26, 28 and 32 complain that there was no evidence to raise certain special issues for the determination of the jury. In each of its points of error numbered 2, 6, 9, 11, IS, 17, 21, 23, 27, 29 and 33, the appellant complains that the trial court erred in submitting a certain named special issue because the evidence was insufficient to support an affirmative answer to such issue. We consider the latter group of points raised only the no evidence point. “A contention that an issue should not have been submitted because of the insufficiency of the evidence is subject to only one construction. It can mean only that there is no evidence to warrant submission of the issue or support the jury’s finding.” Garza v. Alviar, 395 S.W.2d 821, 824 (Tex.1965); Owens v. Rogers, 446 S.W.2d 865 (Tex.1969).

In response to liability issues numbered 6 through 15 the jury found from a preponderance of the evidence: 6) that as the LPG approached from Hull toward the metering station, the dispatcher of the Pipe Line Co. failed to check the location in the line of the LPG as it would have been checked by a reasonably prudent person in the exercise of ordinary care under the same or similar circumstances, 7) that such failure was a proximate cause of the occurrence in question, 8) that before the occurrence in question, the dispatcher of the Pipe Line Co. failed to give the company’s employees on the premises in question as accurate time for arrival of the LPG as would have been given by an ordinarily prudent dispatcher under the circumstances, and 9) that such failure was a proximate cause of the occurrence in question. Although the jury found 10) that at the time in question it was the practice of the Pipe Line Co. to discharge water to atmosphere when the water was being followed by LPG, 11) when such discharge occurred in proximity to spark creating devices, electrical or fire, 11-A) at the time of the occurrence in question, the jury did not find 12) that this was negligence and 13) did not answer the accompanying proximate cause issue.

The jury found 14) that the failure of the Pipe Line Co. employees to close the valve to the 4-inch discharge line before the fire was negligence and 15) that such negligence was a proximate cause of the occurrence in question.

We look first to the evidence and the inferences tending to support jury findings numbers 8 and 9, also numbers 14 and 15, disregarding all contrary evidence and inferences. We have noticed some of the undisputed evidence, most of which was furnished by the defendant in answer to interrogatories.

Robt. E. Murphy testified that he is a dispatcher for the Pipe Line Co. in Dallas and worked the 2 P.M. to 10 P.M. shift on the date of the fire and explosion in question. A Mr. Andrews had relieved him and was on duty when the fire occurred. At the control room in Dallas, where he works, he operates the pipe lines. He was told by Red Marsh, who had called by telephone, that the water in the pipe line had reached the metering station in Beaumont at 7 P.M. There were then about 7000 barrels of water in the line, and when Murphy came on duty the rate of flow was 1500 barrels an hour. The dispatcher’s [612]*612sheet, admitted in evidence, showed that it had been calculated that the water would reach the Beaumont station at 6:30 P.M. Murphy said he figured his rate of flow and told Red Marsh that the water would be coming until 12:35 A.M., which is about 5⅛ hours after it first began arriving. That before he went off duty that night he (Murphy) told Red Marsh about the delivery of some LPG from the pipe line at Hull. This would cause some delay in completing delivery of the water to Beaumont.

There was evidence from which the jury was entitled to conclude that the men at the metering station should have been alerted for arrival of the LPG at about 11:40 P.M. instead of at about 12:35 P.M. The fire occurred at about 11:25 P.M., so the LPG had arrived by then.

The chief delivery gauger of the Pipe Line Co. at Beaumont testified that the company’s dispatcher in Dallas can be accurate within ten minutes’ time in telling the metering station when the water will stop flowing and the petroleum product will arrive.

There was testimony by different witnesses that either one hour or one hour and a half before the predicted time of arrival of the LPG, the men at the metering station wouldn’t have anything to worry about but would start testing closely when the predicted time drew near.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cleveland Franklin v. Robert C. Banks
Court of Appeals of Texas, 2007
Baylor Medical Plaza Services Corp. v. Kidd
834 S.W.2d 69 (Court of Appeals of Texas, 1992)
Neeley v. Intercity Management Corp.
623 S.W.2d 942 (Court of Appeals of Texas, 1981)
Remuda Oil & Gas Co. v. Nobles
613 S.W.2d 312 (Court of Appeals of Texas, 1981)
Keithley v. Keithley
289 N.W.2d 368 (Court of Appeals of Wisconsin, 1980)
Southwestern Public Service Co. v. Vanderburg
581 S.W.2d 239 (Court of Appeals of Texas, 1979)
TL Drilling Company v. Northern Propane Gas Co.
516 S.W.2d 710 (Court of Appeals of Texas, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
492 S.W.2d 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mobile-pipe-line-company-v-goodwin-texapp-1973.