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eBook details

• Title: Slutsky v. Crews
• Author : Indiana Court Of Appeals
• Release Date : January 10, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

VAN SANT, Commissioner. The appeal is from a judgment for Thirteen Thousand Six Hundred Seventy-five Dollars ($13,675) in favor of appellee, for injuries sustained by him as a result of a gas explosion allegedly caused by the negligence of appellants agents and servants, in Campbellsville. Appellee was employed to install a gas line from the first to the second floor of a building owned by Mr. H. H. Montgomery, and to connect thereto a stove in an apartment on the second floor. He, with his helper, Albert Lamme, commenced work at 7:00 oclock on the morning of October 11, 1944; their work was finished about 9:00 oclock A. M. A few minutes before completing the work, gas commenced rushing through the pipe, which was promptly capped by appellee. When the work was completed, appellee and his helper returned to their truck, which was parked across the street from the building. They remained at the truck a few minutes, recording the time and charges for their work. While thus engaged, Mr. Montgomery called to them to come to the building to assist him in locating a gas leak. According to the evidence for appellee, Mr. Lamme immediately entered and proceeded to the rear of the building, where he discovered the odor of gas. The presence of the gas was about one hundred fifty feet from where the plumbers had been working. Shortly thereafter, appellee entered the building, and noticed a stove with an open flame near the entrance. He walked toward the rear of the building; within a few feet of the gas meter, he detected a strong odor of gas, and instructed his helper to turn the gas off immediately. He continued walking toward the helper, who endeavored to carry out his command; but before he could do so, a terrific explosion occurred. The entire floor on the lower story of the building was blown from the joists; appellee was hurled twelve feet to the ceiling, and fell on the joists, suffering severe injuries to his left knee, leg, ankle, and foot. Mr. Lamme testified that, previous to appellees entering the building, the former struck a match and applied it to the piping approximately eight feet away from the meter, in an endeavor to discover the location of the leak; but he had blown out the match and had walked back to the meter before appellee entered the store. Unbeknownst to appellee, Mr. Montgomery had requested appellant to install a meter in the building, and two of appellants servants commenced its installation at about 8:30 oclock that morning. They finished their work at about 8:40, which was approximately twenty minutes before the explosion. They testified that they had inspected the meter the day before, and that it was in perfect condition; but admitted that they did not run the test usually and customarily made to determine if there were any leaks in the meter or in the line. This test is made by turning on the gas and observing an indicator on the meter. The indicator will register if gas is escaping from the meter, the line, or through an open valve; if no valve is open or leak is present, the indicator will remain stationary. They attempt to excuse themselves for failure to make this test, by stating that they asked Mrs. Montgomery if she wanted the gas turned on, and, receiving a negative reply, they departed without making the test. The evidence shows that no one was in the vicinity of the meter where the explosion occurred after appellants workmen installed it. Mrs. Montgomery, in her testimony, denied that she directed the men not to turn on the gas. Both she and her husband testified that Mr. Lamme struck a match near the meter, and the explosion immediately followed. It was shown in the testimony that the usual method adopted by plumbers to discover the location of a leak is by lighting a match and running it along the meter and the piping.

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