Grinnell v. Carbide & Carbon Chemicals Corp.

• Decision Date: 15 December 1937
• Docket Number: Nos. 98-100.,s. 98-100.
• Citation: 282 Mich. 509,276 N.W. 535
• Parties: GRINNELL v. CARBIDE & CARBON CHEMICALS CORPORATION (two cases). SHEPARD v. SAME.
• Court: Michigan Supreme Court

282 Mich. 509

276 N.W. 535

GRINNELL

v.CARBIDE & CARBON CHEMICALS CORPORATION (two cases).

SHEPARD

v.SAME.

Nos. 98-100.

Supreme Court of Michigan.

Dec. 15, 1937.

Actions by Ida V. Grinnell, Alva L. Grinnell, and James B. Shepard against the Carbide & Carbon Chemicals Corporation. Judgments for plaintiffs, and defendant appeals.

Affirmed on condition of remittitur, otherwise reversed and new trial ordered. Appeal from Circuit Court, Wayne County; Lester S. Moll, judge.

Argued before the Entire Bench, except North, J.

Frederick J. Ward and Kerr, Lacey & Scroggie, all of Detroit (Ashley T. Cole and Wilfred C. Roszel, both of New York City, on the brief), for appellant.

Monaghan, Crowley, Clark & Kellogg, of Detroit, for appellees.

SHARPE, Justice.

Each of the above-named plaintiffs instituted an action to recover damages for injuries sustained in an explosion aboard the yacht Alvida owned by plaintiff Alva L. Grinnell and moored at Algonac on the evening of July 3, 1933. The explosion occurred at approximately 10:30 p. m., wrecking the boat and causing serious injuries to plaintiffs. The actions were tried together and the following facts were found by the trial judge:

The yacht Alvida was purchased by Mr. Grinnell in the spring of 1931 and was operated by him as a pleasure craft from the time of the purchase until the time of the explosion. The boat was known as a 38 foot double cabin Mathews cruiser. In the bow of the boat was a chain locker, a water-tight bulkhead separated the chain locker from the forward toilet; there was a small door opening from the forward bulkhead into the chain locker. On the starboard side of the forward cabin was a locker with a door opening inboard. There was also a locker space under the seat on the port side, steps led from the forward cabin up to the bridge deck which ran the width of the ship and occupied a space of 6 feet 8 inches fore and aft. The wheel and controls were in the bridge deck, on the starboard of which was a locker hereafter referred to as the Pyrofax locker. Under the bridge deck was a motor compartment occupying a space the width of the ship and 6 feet 8 inches fore and aft. Access was had to the motor compartment by a double hatch opening into the bridge deck. Three steps ran from the bridge deck to a passageway leading to the after cabin. Two steps led up from the after cabin to the cockpit, under which were two 60-gallon gasoline tanks. Access was had from the after cabin to the gasoline tanks through a small door under the steps leading to the cockpit. Each gasoline tank was equipped with a shutoff valve and the gas line ran from the tanks along the port side of the boat to the engine room. There were two places at which the gas could be turned off or on, namely, at the tanks or at the valve in the line in the engine room.

Ventilation.

The importance of this subject will later be revealed and to that end we describe somewhat in detail the method of ventilation in operation in the yacht. The yacht was constructed entirely of wood. The hull was built of planking and air could circulate through the bilge space up or down the sides of the boat between the ribs and between the skin of the interior construction. The forward engine room bulkhead below the deck was closely fitted but not air and water tight, only the forward bulkhead between the chain locker and forward toilet was air and water tight. The motor compartment was originally ventilated by a gooseneck ventilator leading from the floor of the bridge deck into the motor compartment below, but in the spring of 1932 an air line was run in from the port side of the bottom of the motor. The motor was placed on heavy stringers so that there was a space of 6 or 8 inches between the bottom of the motor and the keel. On the starboard side of the engine compartment there was a water tank and on the flooring were the storage batteries. The Pyrofax locker was on the starboard side of the bridge deck just forward of the icebox. It was approximately 2 feet wide, 5 feet long, and about 16 inches in depth. The bottom of the locker was the deck of the bridge cabin. The top was removable and was covered by a cushioned seat. On the inboard side were four holes, one-half inch in diameter and six holes in the bottom of the locker which remained after the removal of a former gas cooking equipment.

In the Pyrofax locker there was installed a system which consisted of two supply tanks of Pyrofax laid side by side in a horizontal position on the floor, a manifold and reducing valve, a mercury seal and connecting pipe leading to the stove. Copper tubing ran from couplings at the Pyrofax tanks to the manifold, permitting each tank to be turned on or off at the manifold. The manifold was connected to a regulator valve, which in turn was connected to a mercury seal or mercury relief valve. Copper tubing ran from the relief valve through the floor of the locker into the engine room through the galley pan locker up to the stove.

The Explosion.

On the day of the explosion, Mr. and Mrs. Grinnell left the Detroit Yacht Club aboard the Alvida about 4:30 or 5 p. m., a stop was made, and 50 gallons of gasoline were placed in the tanks. The yacht was then run up the Detroit river across Lake St. Clair and up the St. Clair river to Algonac where it came into Campeau slip about 8:30 p. m. Before leaving the yacht club, the stove was in use with tank No. X-1042 hooked up, but upon departure the stove was shut off and not again used until the boat entered the St. Clair river. It was then continued in operation with one or more burners lighted during the preparation of the evening meal.

After the boat came to anchor, Messrs. Shepard and Mathews came aboard for a visit, during which time Mrs. Grinnell continued her preparation for the evening meal. She noticed the gas was running low and had Mr. Grinnell shut off tank X-1042 and connect up and turn on tank X-924 which had never before been used. Mr. Grinnell turned on this tank first at the reduction valve, then at the tank, after which the stove was in use with all burners being lighted for some time, and thereafter with the center burner lighted for about 45 minutes, during which time Mr. and Mrs. Grinnell had dinner aboard. After dinner Mr. Grinnell went to the galley where he prepared fresh coffee and placed the coffee pot on the middle burner of the stove. After a few minutes Mr. Grinnell went down to get the fresh coffee and in doing so he passed to the bridge deck where he opened the top of the Pyrofax locker and turned off tank X-924 at the tank as was his custom when the use of the stove was to be discontinued, lowered the lid of the Pyrofax locker, and proceeded to the galley where the center burner was still burning under the coffee pot. As he was about to reach for the coffee pot the explosion occurred.

The explosion practically demolished the boat with the exception of the hull and caused serious injuries to Mr. and Mrs. Grinnell and Mr. Shepard who was on board the boat at the time of the explosion. Immediately after the explosion a flame shot up in the vicinity of the Pyrofax equipment and another but smaller flame at about the location of the galley. At a later date inspections were made and the Pyrofax equipment was found to be intact with both tanks completely shut off; the top was gone off the Pyrofax locker and the inboard side had been blown inward. The gasoline was found to have been turned off in the engine room at the deck control, but not off at the tanks. The explosion occurred throughout the galley, bridge deck, Pyrofax locker, motor compartment, and spaces adjacent thereto; and the court found that the explosion resulted from the ignition by the flame in the stove of an explosive mixture of Pyrofax gas and air.

Agency.

In March, 1932, Mr. and Mrs. Grinnell were living in a two-family flat in the city of Detroit. About this time, a Spencer Bedell and his mother engaged the other flat owned by Grinnell and wife. When the parties first met, Bedell handed Mr. Grinnell a business card which bore the name of Bedell, defendant company, and the address and telephone number of the company's local office. In April, 1932, Alva Grinnell and Bedell discussed the installation of a Pyrofax cooking equipment on the Alvida. Bedell stated that Pyrofax was perfectly safe, being inflammable, but not explosive. He offered to provide the system and asked Grinnell to measure the place for the stove. The stove was ordered by Bedell and shipped to the Grinnell residence, then it was taken and placed on board the Alvida. Alva Grinnell, Bedell, and one Ritter inspected the boat for a suitable place for installation and finally selected the bridge deck locker. Bedell and Ritter then proceeded to make the installation and, upon its completion, the equipment was tested, after which Bedell and Ritter gave Grinnell certain instructions as to its use and operation. The installation above mentioned was made in May, 1932, at which time there was no dealer for the sale of Pyrofax equipment in Detroit. Prior to and at the time of installation, Ritter was acting as a service man out of Bedell's office. Grinnell subsequently paid Bedell the sum of $37.50 to cover the cost of installation. The first invoice for tanks bears the date April 29, 1932; thereafter Grinnell ordered from the defendant company and paid for several other tanks of Pyrofax used through the season of 1932, and until the explosion in 1933. The last tank ordered and invoiced was tank X-924 April 28, 1933, and paid for on May 11, 1933.

Bedell's business cards were supplied by the defendant's home office upon order. Bedell solicited the sale of Pyrofax gas; deals for the sale of gas were reduced to a contract and sent to the main office in New York for its O. K.; and Bedell customarily forwarded such contracts for approval and the equipment was supplied by dealers and not by Bedell.

Injuries and Damages.

At the time of the...