. Florists' review [microform]. Floriculture. is'lotion ^nd LIABILITY FOR GAS. ecision Courts Hold for Growers. Tlic Kansas Sui)rcino court has sus tallied a judjjmcnt for $98.'3 and costs .ifTainst the Emporia Gas Co. and in favor of one Hoffor on account of de- struction of twelve shade trees, owned by Mr. HoCfcr on residential property in Emporia. (175 Pacific Reporter, 393.) The principal point of controversy in the suit related to proof of the fact that the damaj^e was caused by escap- ing gas, as distinguislied from insects and poor soil, which the gas company insisted was the cause of t
. Florists' review [microform]. Floriculture. is'lotion ^nd LIABILITY FOR GAS. ecision Courts Hold for Growers. Tlic Kansas Sui)rcino court has sus tallied a judjjmcnt for $98.'3 and costs .ifTainst the Emporia Gas Co. and in favor of one Hoffor on account of de- struction of twelve shade trees, owned by Mr. HoCfcr on residential property in Emporia. (175 Pacific Reporter, 393.) The principal point of controversy in the suit related to proof of the fact that the damaj^e was caused by escap- ing gas, as distinguislied from insects and poor soil, which the gas company insisted was the cause of the trees dying. The company also controverted the point as to just what money damage was sus- tained by plaintifl". On both questions, the Suprcinp court holds that the verdict in plaintiff's favor was abundantly sup- ported by proof. The rules of law governing this case apply, of course, with full force to the rights of the ownnr of a greenhouse, where his stock has been injured or de- stroyed by escaping gas. The Kansas suit was grounded on negligence of the gns company in per- mitting its pipe's to get and remain out of repair; and it is interesting to note that the company apparentU' made no denial of the legal i)roposition that such negligence was actionable, if supported by proof of actual damage in direct con- sequence. That tlicre is no room for denying the liability of a gas companj' in cases of this kind is established by several ap- pellate court decisions. A New Hampshire Decision. In tlie case (rf Dow vs. Winnepesaukee Gas & Electric Co., 41 Atlantic Reporter, 288, the plaintiff, a greenhouse owner, was awarded/ judgment on account of injury done to his plants because of leakage of gas from defendant's nearby mains. The gas company sought to evade responsibility on the ground that it. had purchased the gas jdant from another company and did not know of the leak. But the New Hampshire court disposed of this contention by saying: "Nor can the defendants
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Keywords: ., bookcentury1900, bookdecad, booksubjectfloriculture, bookyear1912
