Hilson

This is an appeal by the defendant from a judgment entered upon a jury verdict. The evidence most favorable to the plaintiff may be summarized as follows:

The plaintiff on April 7, 1930, was the owner of a building, a portion of which was occupied and used as a bakery by a tenant named Joachim. In the bakery was a bake oven operated by gas supplied by the defendant. The defendant supplied this gas to a meter at the side of the building and from the meter the gas was conveyed through pipes owned by the baker to the oven. There were four burners on the oven and in lighting them the baker used a torch consisting of an iron pipe attached to a rubber hose and furnishing a small flame. Some time before the date in question the defendant had substituted natural gas for artificial gas in its system. At the outset this natural gas was reformed be fore distribution to approximate the artificial gas previously supplied, but on March 13,1930, the defendant commenced to furnish through its pipes straight natural gas. This change in the character of gas served made it necessary to adjust the burners on gas equipment so as to reduce the quantity of gas passing through the burners approximately…