(DOWNLOAD) "Oborski v. New Haven Gas Co." by Supreme Court of Connecticut # Book PDF Kindle ePub Free
eBook details
- Title: Oborski v. New Haven Gas Co.
- Author : Supreme Court of Connecticut
- Release Date : January 09, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The defendant is engaged in the distribution of gas to its customers in New Haven through underground mains and pipelines. The plaintiff brought suit to recover for severe, painful and permanent injuries which he sustained when an accumulation of gas, which he alleged had leaked from the defendant's distribution system into a manhole in a recently constructed sewer line, exploded just after the plaintiff had descended into the manhole to make an inspection of it in the course of his employment. The complaint alleged that the defendant was negligent in that it failed to inspect its gas lines; in that it knew or should have known that gas from its service was leaking; in that it failed to take proper precautionary measures to ascertain the cause and place of leakage; in that it failed to take proper precautions to prevent the seepage of gas into the manhole in which the plaintiff was working; and in that it failed to take proper measures to remedy the dangerous situation which resulted from the seepage of gas. The defendant denied the allegations of negligence and in a special defense charged the plaintiff with contributory negligence in that he entered or worked in the manhole with a lighted cigarette or open flame when he knew or should have known of the presence of gas in the manhole. The jury returned a verdict of $60,000 for the plaintiff, and the trial court refused to set it aside. The defendant has appealed. In its assignments of error, it claims that the court erred in making a finding of the claims of proof of the parties; in refusing to include in three paragraphs of the finding all of the colloquy and answers which were set out in three paragraphs of the draft finding; in finding without evidence certain facts in twelve paragraphs of the claims of proof; in certain rulings on evidence; and in denying the defendant's motion to set aside the verdict because it was not supported by the evidence and was excessive.