Milwaukee Insurance v. Gas Service Co.

The opinion of the court was delivered by

Wkrtz, J.:

This was an action by the Milwaukee Insurance Company, plaintiff (appellant), which was subrogated to the rights of its assureds, the McDonalds, to recover from the Gas Service Company, defendant (appellee), one-half the amount paid its assureds for property damage caused by a gas explosion.

Plaintiff’s petition, in substance, alleged negligence on the part of defendant gas company in failing and neglecting to bury its gas mains and service lines at a sufficient depth and in failing and neglecting to take prompt corrective action when notified…