Stevinson v. East Ohio Gas Co.

47 Ohio Law. Abs. 586
CourtOhio Court of Appeals
DecidedJuly 1, 1946
DocketNo. 20443
StatusPublished
Cited by6 cases

This text of 47 Ohio Law. Abs. 586 (Stevinson v. East Ohio Gas Co.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stevinson v. East Ohio Gas Co., 47 Ohio Law. Abs. 586 (Ohio Ct. App. 1946).

Opinion

OPINION

By MORGAN, J.

The municipal court of Cleveland in this case sustained defendant’s demurrer to plaintiff’s amended petition and plaintiff not desiring to plead further, final judgment was entered for defendant. From this judgment the plaintiff appeals.

The amended petition alleges in substance that prior to Oct. 20, 1944, defendant stored liquified natural gas on its premises; that this gas was explosive in nature and constituted a dangerous nuisance; that on Oct. 20, 1944, by reason of the maintenance of said nuisance and by reason of the defendant’s negligence, an immense fire developed in defendant’s plant located east of E. 55th St. in Cleveland, Ohio, causing a general conflagration with the result that for the remainder of the day and for eight consecutive working days thereafter ■plaintiff was unable to pursue his daily work at his place of employment, The Bishop & Babcock Company, located in the vicinity, by reason of the great danger of still further explosions; that he was ready, willing and able to work"; that The Bishop & Babcock Co. had work for him to do; that he was employed at wages of $13.50 per day and that by reason of his loss of eight days wages he has been damaged in the sum of $105.60 for which amount he prays judgment.

[588]*588The trial court sustained the demurrer to the amended petition on the ground that it did not state facts sufficient to constitute a cause of action.

The plaintiff in his pleading makes no claim that he sustained any physical injury as a result of the explosion. He does not even allege, that his employer, The Bishop & Babcock Co., sustained any injury. His sole claim is that he had entered into a contract of employment with The Bishop & Babcock Company which was in the nature of a property right and that he was damaged because the negligence of defendant made it impossible for him for eight days to perform his employment contract because of the danger of further explosions.

Counsel for plaintiff, in their brief, state that “we have been unable to find any case in a rather exhaustive research of the authoritiés exactly covering the situation or facts of the case at bar.” To us, this appears to be an important admission. In the country’s history there have been at various times explosions and large conflagrations which have destroyed millions of dollars of property and have thrown many thousands of persons out of work. Many of those explosions and conflagrations undoubtedly were caused by someone’s negligence or at least such a claim could have been made and'supported by substantial evidence. If the plaintiff’s amended petition in this case states a cause of action, then each one of the thousands of workmen who lost wages by reason of a fire, negligently started, would have had, a cause of action for loss of wages, against the negligent person of company responsible for the fire. The fact that plaintiff has failed to find a single case where such a claim for loss of wages has ever been allowed or asserted is a weighty argument against the existence of any such right.

In the case of First National Bank of Greenfield v M. & C. Ry. Co., 20 Oh St 258, the court said at page 280:

“In the very elaborate argument of counsel, many cases have been referred to which we do not think it necessary to review. It may be sufficient to say that they are all clearly and broadly distinguishable from the present case. No case has been found in which an action like the present has been held maintainable. Indeed counsel frankly concede its novelty. While this objection may not be absolutely conclusive against the plaintiff, yet the fact furnishes strong evidence of the very general understanding of the legal profession on the subject.”

In the case of Dale et al. v Grant et al., 34 N. J. Law, 142, the court held, syllabus 1:

[589]*589“1. A party who by contract is entitled to all the articles to be manufactured by an incorporated company — he, such party furnished the raw materials — cannot maintain an action against a wrongdoer who. by trespass stopped' the machinery of such company so that it is prevented from furnishing under said contract manufactured goods to as great an extent as it otherwise would have done.”

The court said at page 150:

“The substantial facts which are comprehended in these cases and in the case now before the court are of common occurrence' and the circumstance that there is no precedent for such an action is an almost conclusive argument against its maintainability.”

It is not the law that all damages caused by someone’s, negligence are always recoverable by the injured person. In the case in 20 Oh St 259 (supra) the court said at page 277:

“Damage resulting from the negligence of one will not in all cases constitute a' cause of action.” 1

In the case of Thomas v Trust Co., 81 Oh St 432, the court quoted with approval the words of Beasley, C. J. in Kahl v Love, 37 N. J. Law, 58 as follows:

“There would be no bounds to actions and litigious intricacies if the ill effects of the negligence of men may be followed down the chain of results to the final effect.”

In the case of Contracting Co. v Oakes, 253 N. W. 371, the supreme court of Minnesota held (syllabus):

“Increased workmen’s compensation insurance premiums which plaintiff had to pay in consequence of an employee’s death caused by a negligent act of defendant, a subcontractor, are too remote and indirect results of such wrongful act to be recoverable.”

In its opinion, the court quoted with approval an excellent statement by Mr. Justice Mitchell in a previous Minnesota case ' (North v Johnson, 58 Minn. 242, 59 N. W. 1012) as follows:

[590]*590“In strict logic and morally it may be said that he who commits a wrongful act should be answerable for all the losses which flow from that act, however remote. But, as has been said, it were infinite for the law to atte.mpt to do this, and any such rule would set society on edge, and fill the courts with endless litigation. Hence the law has been compelled to adopt the practical rule of looking only to the proximate cause, and to the natural and proximate or immediate and direct result; and whatever differences there may be, in other respects, between the measure of damages in actions for breach of contract and in actions of tort, the rule is the same in both — that only such damages are recoverable as are the natural and proximate consquence of the breach or wrongful act, and not those that are remote.”

In the case of Robbins Dry Dock & Repair Co. v Flint, 275 U. S. 303, the owners of a vessel docked her with defendant dock company. The vessel was damaged by defendant’s negligence causing delay. The defendant settled with the owners of the vessel for their damages and received a release of all their claims. The owners had previously chartered the vessel to the plaintiffs and because of the delay caused by defendant’s negligence, the plaintiffs also sustained a loss. The supreme court of the United States held that the defendant Dry Dock Company, although negligent was not liable to plaintiffs for the loss so sustained by them. Mr. Justice Holmes, speaking for the court, said:

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Cite This Page — Counsel Stack

Bluebook (online)
47 Ohio Law. Abs. 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevinson-v-east-ohio-gas-co-ohioctapp-1946.