United Gas Corp. v. Parker

174 So. 2d 370, 252 Miss. 486, 1965 Miss. LEXIS 1124
CourtMississippi Supreme Court
DecidedApril 26, 1965
DocketNo. 43494
StatusPublished
Cited by6 cases

This text of 174 So. 2d 370 (United Gas Corp. v. Parker) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Gas Corp. v. Parker, 174 So. 2d 370, 252 Miss. 486, 1965 Miss. LEXIS 1124 (Mich. 1965).

Opinion

Ethridge, J.

.This is a tort action brought in the Circuit Court of J ones County, Second Judicial District, by appellee, Mrs. Mattie Lee Parker, against appellant, United Gas Corporation. The jury awarded her damages of $10,000, and from a judgment based on that verdict United has appealed. The questions are whether United, in digging a trench for its pipeline near the traveled portion of the highway, was guilty of negligence which proximately contributed to plaintiff’s injuries, and if so, whether the verdict is grossly excessive. We affirm the judgment of the trial court.

In reviewing the jury’s verdict, we accept as true those facts favorable to appellee and reasonable inferences from them. On this basis, the jury was justified in finding as follows: The old Heidelberg and Sandersville highway in Jones County was formerly, until the late 1930’s, old Highway 11. At the point in question it ran north and south and, although it had some gravel on it, it was mostly a dirt road, which after a heavy rain turned into a mud road, with puddles of water distributed over it. On each side were drainage ditches, which, prior to the installation of United’s gas line, sloped off gradually and were 18 to 24 inches in depth.

In January 1961 United, with permission of the beat supervisor, used a ditch digging machine, and excavated [491]*491on the east side of the highway a ditch approximately 2% feet wide and 5 feet deep, near the bottom of which United placed a 3-inch gas pipeline. It then put 32 inches of dirt over the pipe. Defendant inspected the ditch several times, bnt the last inspection was made three months after it was dng. United made no later inspection, and had made none for over two years before Mrs. Parker was injured on July 31, 1963.

The walls of the ditch on the east side of the highway were left uncovered, unguarded, and unmarked. The ditch was about 2% feet in width, with vertical walls 5 feet in depth. If United placed fill-dirt on its pipeline in 1961 after it was laid, this dirt had long since been washed away. The pipeline had no dirt on it. Moreover, vines and weeds had grown up around the ditch, so that it was not noticeable to the general public traveling the highway.

Mrs. Parker lived with her husband and two children on this highway two miles north of the place of the accident. Her three-year-old daughter was injured in a fall, and on the afternoon of July 31, 1963 she drove south on this road to take the child to a doctor in Laurel. It had been raining quite heavily for some time before, but the rain had ceased. The road was wet and muddy, with very little if any gravel on it. It had big holes full of water. Appellee was driving 25-30 miles per hour, and had to pick her way to avoid numerous mud puddles. At that time there were no ruts. While driving and trying to miss the water puddles, since she did not know how deep they were, Mrs. Parker drove around a large one located on the west side of the road. She got close to the edge of the lefthand or east side. When she began to turn back to the center, the ditch of United sloughed or caved off for several inches on the surface, and the left wheels of her car slid into it.

The edge of the road next to the ditch caved in. Mrs. Parker did not know it was there, because it was sur[492]*492rounded by honeysuckle vines and various kinds of weeds. She did not drive in the ditch, but driving close to it, the walls caved in. The ditch was in the edge of the traveled portion of the highway. She did not lose control of her car, and it did not skid or slide. The large mud or water hole which appellee was trying to avoid at the time began near the center of the road and extended to the right-hand side. She had to go to the left to stay out of it. As another witness said, when there was rain one had “to drive all over the road to stay in the road. ’ ’

Mississippi Code Annotated section 2780 (1956) authorizes pipeline companies to build and construct pipelines along or across highways above and below ground, “but not in a manner to be dangerous to persons or property, nor to interfere with the common use of such roads.” Obstructions in a highway may be authorized, but such authority is strictly construed, and cannot be exercised by a pipeline company in such a manner as to constitute a source of danger to the public. The statute prescribes this rule.

Accordingly, a wide and deep ditch with vertical banks, such as that constructed by United, may be found to be in such close proximity to the highway as to constitute an obstruction dangerous to anyone properly using the highway. Such a ditch, in close proximity to the road, even though outside of the traveled part, may constitute construction in a dangerous manner. The defendant is not relieved of liability for resulting injuries because the obstruction is outside the traveled way.

These rules and doctrines were discussed and applied in United Gas Pipeline Company v. Jones, 236 Miss. 471, 111 So. 2d 240 (1951). A verdict for a passenger in an automobile was affirmed, where the car, rounding a curve in the highway, collided with a concrete post 2% feet high, erected by the pipeline company at the [493]*493outer edge of the highway shoulder about 3%^ feet from the edge of the pavement. There were jury questions on the issues of whether the pipeline company was negligent in placing the post on the highway right of way in a manner to he dangerous to persons using the highway, or to interfere with the common use of the road, and whether such negligence was a proximate contributing cause of the injuries.

Jones is applicable to the instant case. The jury was justified in finding that an ordinarily prudent man would have reasonably anticipated that some injury, not necessarily the particular injury, would result from the digging by United of the deep ditch with vertical sides on the edge of the highway. Further, United’s failure to inspect the condition of this ditch and its pipeline in this location, and the growth of weeds and grass concealing it, could also constitute negligence proximately contributing to plaintiff’s injuries.

There may he more than one proximate cause of an injury. If the defendant’s negligence proximately contributed to it, then it is liable, even though it was not the sole proximate cause of the injury. Planter’s Wholesale Grocery v. Kincaide, 210 Miss. 712, 50 So. 2d 578 (1951). The jury manifestly rejected appellant’s contention that the appellee’s injuries were the sole result of her own negligence, and that the failure on the county’s part to adequately maintain the road was an independent intervening cause.

We do not think the four cases relied on by appellant are applicable or controlling here. Vines v. Southwestern Miss. Elec. Power Ass’n, 241 Miss. 120, 129 So. 2d 396 (1961); Western Union v. Perry, 200 Miss. 469, 27 So. 2d 688 (1946); Mississippi Power Co. v. Sellers, 160 Miss. 512, 133 So. 594 (1931); Gulfport & Miss. Coast Traction Co. v. Manuel, 123 Miss. 266, 85 So. 308 (1920). As was said in Jones, “those cases involved injuries resulting from collisions with the poles of elec[494]

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Bluebook (online)
174 So. 2d 370, 252 Miss. 486, 1965 Miss. LEXIS 1124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-gas-corp-v-parker-miss-1965.