Henderson Et Al. v. City Cross Plains Book Reviews

Henderson Et Al. v. City Cross Plains by Eastland No. 2826 Court of Civil Appeals of Texas Book Summary

GRISSOM, Chief Justice. J. G. Henderson and L. G. Morris sued the City of Cross Plains for damages caused by an explosion of gas at Henderson's house. The explosion damaged Henderson's house and the house of a neighbor, L. G. Morris. The City owned a gas plant and furnished gas at Henderson's house. Plaintiffs alleged Henderson had a gas meter installed by the City on July 16th; that the next day the Hendersons smelled gas, whereupon ""they turned off all of the various connections and utilities in and about the house"" and reported to defendant that the odor of gas was present in and about the house and requested defendant ""to inspect and make proper repair of said facilities,"" which notice and request defendant negligently disregarded; that, on the night of July 17th, at Henderson's house there was an explosion of natural gas which defendant had negligently allowed to escape from ""its mains, lines and pipes in and about the premises of said J. G. Henderson."" (Italics ours.) Plaintiffs alleged the City was operating a gas system and its officers knew, or should have known, that gas was escaping about Henderson's premises. That said explosion was caused by the negligence of defendant, ""in addition"" to the negligence otherwise alleged, as follows: (a) that the City had notice gas was escaping at Henderson's premises and ""failed to make necessary repairs"" to prevent the escape of gas; (b) that the City was negligent in failing to comply with regulations of the Railroad Commission, as provided in ""Article 6053"" Vernon's Ann.Civ.St.; (c) that the City was negligent in permitting distribution of gas through pipes and lines which were defective and leaked, which permitted the accumulation of gas and the explosion thereof; (d) that defendant was negligent in failing to ""properly inspect the facilities being used at said time and place,"" which permitted the accumulation and explosion of gas. In the alternative, plaintiffs alleged the instrumentalities which caused their damage ""were under the exclusive management and control of the defendant."" The City excepted to plaintiffs' allegations that ""the defendant's pipes were defective"" and leaked because they were too general and did not allege ""which pipes plaintiff complains were leaking and where they were leaking"" and did not put defendant on notice of what plaintiffs expected to prove. (Italics ours.) The City alleged it had no control over pipes in Henderson's house and, if they were leaking in and under said house, the leak was due to the negligence of Henderson, or the person Henderson had install them. The City alleged it used ordinary care in installing, inspecting and maintaining ""lines up to the meters"" and that such lines were the only lines under control of the City and when the meter was installed said lines were tested and there was no leak in defendants' lines.

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