Suiter v. Ohio Valley Gas Co.

The sustaimng of the motion to strike plaintiff’s allegation that defendant was negligent in failing to insert *78a malodorant into its natural gas and the subsequent .dismissal of plaintiff’s petition give rise to the present appeal.

The question presented is whether a petition alleging that the defendant gas company was negligent in failing to insert a malodorant into its natural gas fails to state a cause of action and is subject to a motion to strike. We hold that such allegation states a cause of action and is, therefore, not subject to a motion to strike.

It is a matter of common knowledge…