190 o
THE MONTREAL LIGHT, HEAT
*June
POWER CO. (DEFENDANTS)
...
AND
MARY REGAN, ES ET QUALITE
RSPONDN (PLAINTIFF) ..
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f
ON APPEAL FROM THE OF KING'S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC.
An experienced employee of the defendants was killed an explosion illuminating gas while dscharging his duties the meter-room at the defendants' gas works.
It was shewn that there might possibly have been an escape of gas from the trollers or other fixtures in the room or in the blow-room adjoining it; that, there had been no special precautions the defendants to detect any such escape gas that might occasionally happen; and that the meter-room had always and, at the time of the accident, was lighted means of open gas jets.
There was no exact proof of any particular fault, attributable to the defendants, which could have been the whole caus3 of the explosion, and its origin and course were not explained.
In an action for damages by the widow and representatives deceased, the jury found that the explosion had resulted from the fault and imprud-nce the defendants lighting the meter-room open gas jets, and contributory negligence the part of deceased was negatived.
Held, affirming the judgment appealed from (Q.R. K.B. Davies and Maclennan JJ., diss-nting, that, in the circumstances, the jury were justified in finding that there had such negligence and imprudence on the part of the defendants, in such use of open gas jets, as would render them responsible for the injury complained of.
APPEAL from the judgment of the Court of King's Bench, appeal side(1), affirming the judgment ren- *PRESENT:-Girouard,
Davies, Idington, Maclennan and Duff JJ. Q.R. K.B.