Pine Bluff Water & Light Co. v. McCain, 62 Ark. 118 (1896)

Feb. 22, 1896 · Arkansas Supreme Court

62 Ark. 118

Pine Bluff Water & Light Company v. McCain.

Opinion delivered February 22, 1896.

Negligence — Joint Eiability. — A gas company which neglects to use due care in discovering and repairing a leak in its pipe is jointly liable, with one who negligently lights a match in endeavoring to locate the leak, for damages caused by the resulting explosion.

Appeal from Jefferson Circuit Court.

John M. Feeiott, Judge.

Action by McCain & Houston against the Pine Bluff Water & Light Company and John Hammert. Plaintiffs recovered, and defendant company appealed. The facts are stated in the opiniqn, and in the foregoing case.

F. G. Bridges, for appellant.

W. I. Wooldridge, II. King White, and N. T. White, for appellees.

Riddick, J.

The facts in this case are similar to those in the case of Pine Bluff Water & Light Company v. Schneider, just decided, (ante, p. 109) except that the plaintiff was guilty of no contributory negligence.

The injury was occasioned by the same explosion caused by the co-operating negligence of Hammert and tbe water and light company. The case is controlled by the rule announced in the recent case of City Electric Railway Co. v. Conery. Conery was injured by the concurring negligence of the railway company and a third party. It was held that both parties whose negligence directly contributed to cause the injury were liable therefor. City Electric Ry. Co. v. Conery, 61 Ark. 381; Atkinson v. Goodrich Transportation Co. 60 Wis. 141; Shearman & Red. Neg. sec. 34. Whittaker’s Smith, Neg., 31, and note. The judgment of the circuit court is therefore affirmed.