Signorelli
Signorelli v. Potter
Opinion
Opinion
Traynor, J.
Plaintiffs brought this action to recover damages for the destruction of their personal property in an explosion and fire allegedly caused by defendants’ negligence in filling plaintiffs ’ butane storage tank. Defendants alleged that plaintiffs were eontributively negligent in maintaining the tank within dangerous proximity of a stove and hot water heater with a pilot light. The court, sitting without a jury, entered judgment for plaintiffs. Defendants appeal.
About seven years before the fire, plaintiffs had a 50-gallon butane storage tank installed outside a house near Santa Maria that they occupied as tenants. A stove and hot water heater with a pilot light were inside the house a few inches from the tank and separated from it by a wall of 1 inch by 12 inch board and batten construction. A pipe through a hole in the wall connected the tank with the heater and stove. Butane is a liquefied petroleum gas and has a distinct odor. It is liquefied under pressure and is transported in liquid form. It is a gas when the pressure is released and is heavier than air. When it escapes, it seeks a low level and drifts with the wind. It is inflammable, explosive, and highly volatile. Those…