Wilbur v. Schweitzer Excavating Co.

A gas fire in plaintiffs’ house on May 13, 1964, was caused by an excavator striking a gas service line running across, a vacant building lot immediately to the south of plaintiffs.’ house. Plaintiffs sued the excavator, Schweitzer Excavating Company, and Schweitzer’s employer, Victory Realty, Inc., and Victor E. Larson, its president. At the close of the plaintiffs’ evidence the trial court directed a verdict for all of the defendants and this appeal followed,

The pertinent facts of, this case are almost undisputed. Plaintiffs were the owners of a. house, .at 6341 Colby Street, facing north…