Weiss v. Gas Service Co.

The opinion of the court was delivered by

Harvey, C. J.:

This was an action to recover damages to personal property by an explosion and fire alleged to have been caused by the negligence of defendant. The appeal is from an order overruling defendant’s motion to strike one paragraph of the petition and from an order overruling its demurrer to the petition on the ground that it does not state facts sufficient to constitute a cause of action against the defendant.

The petition may be summarized or quoted from as follows:

2. The plaintiff, Mrs. H. J. Weiss, on September 1,1947, occupied an apartment,…