Union Inv. Co. v. San Francisco Gas & Electric Co.

MELVIN, J.

Plaintiff was the owner of a building which was nearing completion. It was located on a lot in San Francisco. For several days prior to February 13, 1909, and on that day defendant had been installing gas pipes in the basement of plaintiff’s building. The said building extended from Valencia Street to San Jose Avenue and from the latter thoroughfare defendant had laid a three-inch gas main which passed under the sidewalk into the basement and was carried a distance of thirty-five feet along joists to the floor of a, light-well, where it turned and was conducted near the wall of the light-well to a height of fifteen feet. The light-well, which was about ten feet square, was almost in the center of the building and extended the whole distance to the roof, but was itself open to the sky. Two of the store rooms of the building had been thrown into one. This large apartment was completed and had been occupied by the United States government as a branch post-office for about two weeks before February 13, 1909. No other rooms in the building had been plastered and none was occupied. On the morning of February 13, 1909, about

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o’clock the building caught fire and was almost entirely destroyed, the four walls and a portion of the room occupied by the post-office being all that was left. Nearly two years later plaintiff brought this suit for damages, alleging in its complaint that defendant had negligently and carelessly omitted to fasten and construct the pipes in said building in a substantial manner or to inspect said pipes; that the main pipe fell from its support on the morning of Feb

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ruary .13, 1909, thereby breaking the coupling and allowing large quantities of gas to escape into the plaintiff’s

building;

and that the fire which destroyed the building was caused by the ignition of this escaping gas. The amount demanded by way of damages was eighteen thousand dollars. After hearing all of the evidence for the plaintiff the court granted a nonsuit. Plaintiff appeals from the judgment of nonsuit and from the order denying a motion for a new trial.

The appellant’s counsel insists that a