Tietke v. Forrest

CRAIG, J.

This is an action brought to recover damages for personal injuries sustained by the plaintiff as a result of the explosion of a gas stove purchased from and installed by the defendant. The cause was tried before a jury and a verdict was rendered in favor of plaintiff, and judgment was entered in accordance therewith, from which judgment defendant now appeals.

It appears that at the time of the occurrence which gave rise to this action, and for some years previously thereto, the defendant conducted a business of selling and installing gas stoves for cooking purposes in the city of Los Angeles, and known as the Forrest Stove Works. He sold one of such stoves to the plaintiff, and installed in her home a second-hand stove, to be used until such time as he could deliver the new one; the stove temporarily in use was lighted at the oven, in the ordinary performance of household duties, and when the oven was subsequently opened by plaintiff there was an explosion of gas, which burned her about the face, arms and hands. The complaint alleges that defendant was careless and negligent in the installation of said stove, in that the oven burner thereof was improperly adjusted, so that it had an insufficient supply of secondary air; that the stove was placed too close to the wall to permit sufficient secondary air to enter said oven burner. That the said defects were not known to plaintiff. The

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complaint further alleges that. defendant advised the plaintiff that said stove was properly installed and was ready and safe for use, but that by reason of said lack of secondary air the oven burner, after being so lighted, and after the closing of said oven door, and without negligence on the part of plaintiff, went out, and the oven was filled with gas; that thereafter the plaintiff opened said door and the gas so collected in said oven, as aforesaid, exploded and inflicted upon plaintiff’s person the alleged injuries. It is further charged that the plaintiff’s injuries were proximately caused by, the aforesaid negligence on the part of defendant, and not otherwise.

An answer was filed herein, denying generally and speeifi- . cally each of these allegations, and the case went to trial upon the pleadings, resulting in a verdict in favor of the plaintiff.