Louisville Gas & Electric Co. v. Sanders

STEWART, Justice.

On October 7, 1949, plaintiff, L. M. Sanders, filed suit against Louisville Gas & Electric Company to recover $3,143, alleging that defendant negligently permitted gas to escape from its gas line and damage plaintiff’s trees, shrubs and grass. The defense was a denial and a plea that if plaintiff’s property was injured by gas it was not the gas of defendant. A verdict for plaintiff for $2,500 was returned by the jury. Defendant appeals from a judgment entered thereon. *

The grounds urged for reversal are: (1) Defendant was entitled to a peremptory instruction both at the…