Robbins v. Hartford City Gaslight Co.

• Decision Date: 29 October 1909
• Citation: 82 Conn. 394,74 A. 113
• Court: Connecticut Supreme Court
• Parties: ROBBINS et al. v. HARTFORD CITY GASLIGHT CO.

74 A. 113

82 Conn. 394

ROBBINS et al.

v. HARTFORD CITY GASLIGHT CO.

Supreme Court of Errors of Connecticut.

Oct. 29, 1909.

Appeal from Superior Court, Hartford County; Silas A. Robinson, Judge.

Action by Harriet W. Robbins and others against the Hartford City Gaslight Company for damages to trees by escaping gas. Judgment for defendant, and plaintiffs appeal. Error, and new trial ordered.

Andrew J. Broughel and Birdsey E. Case, for appellants. John T. Robinson and Francis W. Cole, for appellee.

BALDWIN, C. J. The complaint alleges that in 1904 the plaintiffs owned a dwelling house on High street in Wethersfield, with a row of three healthy shade trees in front of it, which added much to its value; that the defendant then laid gas mains or pipes in the street; that since then gas has leaked from these pipes, whereby two of the trees have been killed, and the other greatly injured and that the leakage was "caused by the negligence of the defendant and its servants and agents in carelessly, negligently, and improperly laying, conducting, and maintaining said gas mains or pipes." The answer was a general denial, and also set up that the cause of action did not accrue within three years before the suit was brought, which was in November, 1908. The plaintiffs introduced evidence that they owned and had long lived in the house in question; that the defendant laid gas mains in the street September 1, 1904; that there were then three healthy maple trees on the street in front of the house, between the sidewalk and the traveled roadway, which afforded an agreeable shade; that these became sickly in the fall of 1906; that by another year one had died, and the others were slowing dying; that in the fall of 1906 they noticed a smell of gas near the trees, and complained to the defendant that the trees were dying, and asked it to dig up its mains in order to ascertain whether gas was escaping from them; that in July, 1907, earth was dug up near the trees by other parties, and there was thereupon a strong smell of gas; that they then complained again to the defendant, whereupon, and not before, it sent men to dig, as requested; that, as soon as they dug near the trees, the whole neighborhood was scented with gas; and that an officer of the defendant soon afterwards said to them that a leak in the mains in Wethersfield had been found. They also introduced an expert, who testified that he examined the trees in question, in July, 1907, and that in his opinion their condition was due to the effects of gas escaping into the soil. For the defendant testimony was introduced that the gas mains were properly constructed and laid in 1904; that when it dug up...