Shimer v. Bangor Gas Co.

188 A.2d 734, 410 Pa. 92, 1963 Pa. LEXIS 569
CourtSupreme Court of Pennsylvania
DecidedMarch 19, 1963
DocketAppeal, No. 63
StatusPublished
Cited by14 cases

This text of 188 A.2d 734 (Shimer v. Bangor Gas Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shimer v. Bangor Gas Co., 188 A.2d 734, 410 Pa. 92, 1963 Pa. LEXIS 569 (Pa. 1963).

Opinion

Opinion by

Mr. Justice Musmanno,

On August 11, 1961, Mrs. Donald Riley, living at 425 William Street in the Borough of Pen Argyl, smelled gas, always an ominous sign because gas being an inflammable and explosive substance, is supposed at all times to be imprisoned within containers which prevent its odors from being released into the open air. She cautiously made an investigation in her house and found nothing which would explain the sinister symptom. The next morning at 6 o’clock she opened the door leading into the cellar and was struck by an even stronger emanation than the one she had smelled the night before. Hastily closing the door, she made an attempt to call the Bangor Gas Company, which supplied the gas for her house.

She was unable to' reach anyone at the gas company offices until 8:30, at which time she reported the gas leak and urged that someone be sent to her place at once to check conditions. The operator, who took the report rather casually, suggested she call one of two other numbers. The person answering at one of [94]*94the numbers given by the bored operator said with the same casualness Mrs. Eiley had encountered at the gas company’s office that he was not on duty but that she might call the second number given her by the gas company. The person answering at the second number said that this was indeed the home of a gas inspector, Edwards by name, but that he was not at home. Mrs. Eiley related to this person at the second number the hovering menace in her dwelling, whereupon, with the same nonchalance which had characterized the languid girl at the gas company’s switchboard and the uninterested person answering the first number, this person at the second number said that Edwards might be returning home for lunch, and if so, she would tell him that Mrs. Eiley had called. In the meantime Mrs. Eiley’s home was filling with more detonating gas.

Eventually, at about 11:55 a.m., a man called Edwards appeared at Mrs. Eiley’s home, and in self-identification, called out that he was the “gas man.” He entered into the kitchen, as he later testified, and smelled gas “right away.” He descended into the unilluminated cellar, being careful, as he subsequently described the event, not to turn on the electric light switch because “there was too much gas,” and even snapping the switch might create a spark which would ignite the explosive compound. Continuing his extreme vigilance and caution he went out to his truck to pick up a flashlight with which he could reconnoiter through the dark because a flashlight produces no flame, spark or scintilla which could cause an explosion. However, he discovered that he had failed to bring along a flashlight and so returned to the house, this time entering through the cellar door.

He could not see his way around because of the wholly enveloping gloom. He reflected on the situation and then arrived at the conclusion that since he [95]*95could not turn on the electric light because this might instantaneously precipitate an explosion, he would find his way around by lighting a match. And that is what he did.

He was asked at the trial: “What happened when you lit the match?”

His reply was “One awful boom.”

He got out of the hospital eight weeks later.

As the result of this “boom”, the house of Harry Y. Shimer, the plaintiff in this case, who lived next door at 427 William Street, was demolished. He brought suit in trespass against the Bangor Gas Company and the Kirk Construction Company, allegedly responsible for the gas leak. The jury returned a verdict against both defendants. The Kirk Construction Company appealed to this Court for judgment n.o.v., maintaining that the evidence did not establish that it was responsible for the leak and that, in any event, the act of Edwards in striking the catastrophic match was an intervening and superseding act which relieved the Kirk Company from liability for any resulting damages.

The Kirk Company, which had been engaged in installing a sewer system in Pen Argyl, was, on August 11, 1961, excavating ditches for sewer laterals in the 400 block of William Street. Sometime during that day, a Mrs. Knecht said to one of the Kirk employees that she smelled gas. The Kirk foreman informed her that what she was smelling was the newly turned earth. The next day, when the catalytic Edwards appeared on the scene, the ensuing eruption proved that her olfactory sense was more reliable than that of the Kirk foreman.

After the explosion, it was observed that the service line leading to the Shimer house had become separated from the gas main at the point of connection. What had caused this separation? The Bangor Gas Com[96]*96pany, which resisted in the court below the motion of the Kirk Construction Company for judgment n.o.v., and continues to resist it here, argues that the jury was justified in concluding that in excavating earth in front of the Shimer house, one of the machines being used by the Kirk Company damaged the gas line. It was shown at the trial that at 10:55 a.m., on August 11, 1961, the gas pressure in Bangor’s main had dropped from a normal of 7% to 8 inches to 6.8 inches and as low as 6.3 inches. This significant drop in pressure would be consistent with a break of the service line on William Street. The lower court pointed out in its Opinion affirming the jury’s verdict: “The service line pipe was bent at a point close to the main and fin the locality of the arched position’ was a 16 inch boulder. The earth in the immediate vicinity of the break was lighter in color than the surrounding earth which escaped from the break. The area of this burned ground would have been enlarged if the break had preexisted for more than three days prior to the explosion.”

The Kirk Company maintains that there is no direct evidence that it broke the gas line, arguing that the only evidence in this case is circumstantial. It has been demonstrated in myriads of cases that circumstantial evidence can be as revealing, under certain conditions, as the testimony of on-the-spot witnesses, especially when the concrete realities are not disputed. Irrefutable circumstances are like bricks, and, when they join, one with another, to form a solid wall of fact, inseparably wedded by the mortar of nature’s laws and inevitable cause and effect, the resulting barrier excludes fanciful hypotheses, airy guesses and uncontrolled imaginings as to how a given event occurred.

The lowering of the gas pressure, the discoloration of the earth at the point of the excavation, the smell [97]*97of gas in that immediate area, all coinciding in time, combined to form a formidable arrow of accusation which pierced and shattered the feeble shield of theory raised by the defendant Kirk. The jury was not only justified, but was practically ordered by the law of physics to reach the conclusion at which it arrived, with regard to the responsibility of Kirk for the pipe breakage which filled the Riley and Shimer houses with potential explosion.

The Kirk Company then argues that, even if it did negligently tear the service line from the gas main, its act of negligence spent itself with that untoward happening, and it was not responsible for the disaster which followed because of what the preoccupied Edwards did.

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188 A.2d 734, 410 Pa. 92, 1963 Pa. LEXIS 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shimer-v-bangor-gas-co-pa-1963.