Gibson Oil Company v. Sherry

Hart, C. J.,

(after stating the facts). The main reliance of counsel for the defendant for a reversal of the judgment is that the evidence is not legally sufficient to support the verdict. In making this contention counsel insists that the court should have declared as a matter of law that the plaintiff was guilty of contributory negligence, and therefore not entitled to recover. This court has held that, in view of the highly dangerous character of gas and its tendency to escape, a gas com- " pany must use a degree of care to prevent the escape of gas from its pipes proportionate to the…