Peterson v. Hansen-Niederhauser, Inc.

ERICKSON, District Judge.

This is a tort action to recover damages for the destruction of plaintiff’s truck terminal building and contents, caused when defendants, while excavating a trench on plaintiffs’ property, severed a gas line, which igniting, destroyed the building and its contents.

The case was tried to a jury and from a verdict for the plaintiff, defendants appeal. For convenience, the defendants will be referred to as the appellant, while the plaintiff will be known as the respondent.

On April 20, 1960, the appellant was engaged in excavating a trench across respondent’s property in…