Newill v. Atlanta Gas-Light Co.

172 S.E. 232, 48 Ga. App. 226, 1933 Ga. App. LEXIS 518
CourtCourt of Appeals of Georgia
DecidedNovember 27, 1933
Docket22911
StatusPublished
Cited by14 cases

This text of 172 S.E. 232 (Newill v. Atlanta Gas-Light Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Newill v. Atlanta Gas-Light Co., 172 S.E. 232, 48 Ga. App. 226, 1933 Ga. App. LEXIS 518 (Ga. Ct. App. 1933).

Opinions

Guerry, J.

Mrs. Newill sued for damages, alleging that she was burned by an explosion of gas furnished to her residence by the defendant, and alleged, that the defendant changed the nature of the gas furnished to her from manufactured gas, which was not highly explosive, to natural gas, which was more than twice as explosive as manufactured gas; that the explosion would not have occurred had the manufactured gas been in the conduits and pipes in her home, and that it occurred only because of the change of such gas in said fixtures without giving warning of the increased risk and danger incident thereto. The original petition was demurred to, on the grounds: that it stated a bare conclusion of the pleader; that it failed to allege the absence of the right to supply natural instead of manufactured gas; that it failed to allege any [227]*227duty of the defendant to inform plaintiff that natural gas was more explosive than manufactured gas; that it failed to allege how the increased explosive intensity of the natural gas caused the explosion; or how this change alone caused the explosion or what caused the explosion; that the bare fact that the gas was an explosive did not state a cause for the explosion, and that it failed to allege any act of the defendant constituting the proximate cause of the explosion. The court sustained the demurrer on all grounds and gave to the plaintiff fifteen days in which to amend. The plaintiff amended as follows: that for years the gas sold by defendant to its customers was a manufactured gas and carried a certain amount of pressure, which had a tendency to break the pipes in which it was being conducted or to force its way through weaknesses or joints in the pipes, that the pipes used had been theretofore sufficient to hold in the manufactured gas and prevent its leaking, and thus exclude it from the surrounding air; that some months prior to the injury complained of the defendant abandoned the use of manufactured gas and began distributing natural gas through the same pipes theretofore used; that the natural gas carried a much heavier pressure than manufactured gas and increased the liability of breaks occurring in the pipes and leaks through the joints or other crevices; that the plaintiff had nothing to do with such distribution and knew nothing of the fact stated above and was under no obligation to know or to take precaution against it; that the plaintiff did not know, and it was the duty of the defendant to warn its patrons of such fact and of the increased probability of its escape and of consequent injury; that the distribution of natural gas by the defendant, because of its greater pressure, caused leaks in the pipes of the plaintiff and did force its way through them and that the plaintiff had no warning thereof; that on September 21, 1931, the high pressure of the natural gas in the pipes of plaintiff caused an escape of gas through a crevice in the pipe, and an unusual and dangerous quantity of gas became diffused in one of the rooms of plaintiff’s house, plaintiff being wholly ignorant of such mixture and of the danger of it, not having been warned by defendant; that the escaping gas produced a slight odor, and plaintiff, as was formerly usual under such circumstances, sent for a plumber to see if he could discover the leak and correct it; that the plumber got up on a step-ladder, and, in [228]*228order to find the leak, struck a match, which would have been a perfectly safe thing to do and was the universal method of finding such leaks when manufactured gas was used; that the plaintiff was standing by the door and had nothing to do with the methods employed by the plumber; that under the old or manufactured-gas system no injury would have resulted, and had the plaintiff been warned of the change, no injury would have resulted; that when the plumber struck a match a violent explosion and resultant injury occurred. Defendant renewed its demurrer and urged,, as a further reason why the petition should be dismissed, that the amendment set out a new cause of action, and that the petition showed on its face that the proximate cause of the injury was the negligence on the part of the plumber in striking the match. The court sustained the general demurrer and the plaintiff excepted.

It is true that ordinarily there may be no duty resting on a gas company to inspect and repair customers’ pipes beyond the meter and service lines of the company. In 28 C. J. 594, it is said: “The company is warranted in assuming that the interior system of pipes is sufficiently secure to permit the gas to be introduced with safety.” This inference applies “in the absence of any facts upon which to base an inference, of duty.” Id. The question before this court is whether the allegations made are sufficient to show the existence of any duty owed by the defendant to the plaintiff, and a violation thereof which resulted in damage, and injury to the plaintiff. Do the allegations setting up that the pipes and fixtures maintained by the defendant were of sufficient strength and material to properly confine the manufactured gas which plaintiff had been accustomed to use and the defendant had been supplying to the plaintiff through its pipes and fixtures, and the further allegation that without warning to plaintiff, natural gas was substituted by defendant which exerted a great deal heavier pressure in the pipes and fixtures of the defendant than manufactured gas, so as to cause them to leak gas upon the premises of plaintiff, and that such change was the proximate cause of injury to plaintiff, sufficiently show the existence and violation of a duty for which the plaintiff would be liable in the event such action resulted in damage to plaintiff? We think so. Certain duties are inherent in human society.. A owes B the duty to so handle- his affairs or conduct his business and control the material forces with which he [229]*229deals as not to injure the person or the property of B. A violation of this duty is a wrong which may support an action for damages. Smith v. Clarke Hardware Co., 100 Ga. 163 (28 S. E. 73, 39 L. R. A. 607). Negligence itself is a failure to exercise the degree of care demanded by the circumstances. Bohler v. Owens, 60 Ga. 186. All allegations that certain facts and conditions constitute negligence may in one sense of the word be called conclusions. It is the duty of the court, in construing and acting upon questions presented for determination, to apply to them the rule of reason, and to measure them by the dictates of human experience and enlightened consciences. If A has been purchasing from B explosives of a certain kind and character which he, B, knows is being handled by A in a usual and well-known manner, can it be said that, if without warning A of the increased hazard resulting therefrom, B should sell and deliver to A a great deal more powerful explosive, which is more likely to cause injury when handled in the accustomed way than the other explosive, he has violated no duty owing to B and is not responsible for resultant injury ? It is alleged in the petition that without warning the gas company substituted in the place of the kind of gas it had been accustomed to furnish a gas that was a great deal more powerful and harder to handle, and that it exerted a heavier pressure on the pipes and fixtures containing it than the former gas, and that, because of such new gas being furnished, leaks occurred in the pipes and fixtures which otherwise would not have occurred. It is elementary that if injury occurs under such facts, the gas company is liable.

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Bluebook (online)
172 S.E. 232, 48 Ga. App. 226, 1933 Ga. App. LEXIS 518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newill-v-atlanta-gas-light-co-gactapp-1933.