Delta Const. Co. of Jackson v. Mississippi Val. Gas Co.

• Decision Date: 21 February 1966
• Docket Number: No. 43812,43812
• Citation: 183 So.2d 186,254 Miss. 901
• Parties: DELTA CONSTRUCTION COMPANY OF JACKSON v. MISSISSIPPI VALLEY GAS COMPANY.
• Court: Mississippi Supreme Court

Page 186

183 So.2d 186

254 Miss. 901

DELTA CONSTRUCTION COMPANY OF JACKSON v. MISSISSIPPI VALLEY GAS COMPANY.

No. 43812.

Supreme Court of Mississippi.

Feb. 21, 1966.

Cox, Dunn & Clark, Jackson, for appellant.

Overstreet, Kuykendall, Perry & Phillips, Jackson, for appellee.

INZER, Justice.

Appellant, Delta Construction Company, filed suit in the County Court of the First Judicial District of Hinds County against appellee, Mississippi Valley Gas Company, seeking to recover damages for loss of personal property by fire alleged to have been caused by the negligence of appellee in supplying appellant with incorrect information relative to the location of its gas lines at the intersection of Mississippi and Greymont Streets in the City of Jackson. The issues were tried by the county judge without the intervention of a jury, and at the conclusion of appellant's case, a motion by appellee requesting the court to find for it was sustained. A judgment was entered, and a motion for a new trial was overruled. An appeal was perfected to the Circuit Court of the First Judicial District of Hinds County, and the circuit court affirmed; hence, this appeal.

Appellant assigns as error the action of the trial court (1) in sustaining the motion of appellee to exclude the evidence of appellant and entering judgment for appellee; and (2) in overruling appellee's motion for a new trial, or in the alternative, to reopen for additional evidence.

The record in this case reflects that appellant was the subcontractor in charge of doing the utility work in connection with the construction of the Mississippi Coliseum in Jackson in the year 1961. As a part of its construction, appellant was to dig a sewer ditch from a manhole in about the center of the intersection of Mississippi and Greymont Streets in a southwest direction to the boiler room in the coliseum. Mississippi Street runs in an east-west direction, and Greymont Street runs in a north-south direction, and they intersect. Mr. Wallis J. Schutt was the superintendent for appellant in charge of the crew that was to dig this ditch. He testified that he had been working for appellant about one year, and had been construction superintendent for about three months prior to the time this work was done. About two or three days before the work was started, he contacted a man by the name of Billy Cash, who was working across the street from the coliseum relative to the location of gas lines in the area where the ditch was to be dug. Mr. Schutt did not know Mr. Cash, but only knew that he worked for the Gas Company, for the reason that he had on one of its uniforms and that there was a Gas Company truck parked where Mr. Cash and some other men were working. He said that Mr. Cash was supervising some men installing a gas line across the street from the coliseum. Mr. Schutt testified that he walked with Cash out to the middle of Mississippi Street and pointed down the street to the area where the work was to be done, and told him where the line was to run. He thought that Cash understood what he was going to do, but that Cash did not say anything and did not ask any further questions. Cash told him that he did not know about the location of gas lines in that area, but would check with his supervisor, Mr. Bass. Cash contacted him later and told him that Mr. Bass said there was no gas line on the south side of Mississippi Street. Mr. Schutt said he assumed that Cash told him right, and about two days later he started digging the ditch with a machine, and it hit a gas line causing a break in it. The gas coming from the line caught fire and burned the ditch digging machine or back hoe, as it is called in the testimony, a pickup truck and some small tools belonging to appellant. On cross-examination, Mr. Schutt admitted that he was with a crew that was digging a ditch in the street on the other side of the coliseum a few weeks before this accident when they struck a gas line belonging to appellee. He said that after this accident he contacted the engineers in charge of the construction work as to the location of gas lines in the area where the other work was to be done, and they informed him that it was his responsibility to get the information relative to the location of gas lines. He did not ask for any maps showing the location of gas lines and did nothing other than to ask Mr. Cash as to their...