Sawyer

This action was brought to recover damages for personal injuries sustained by plaintiff while upon certain premises of which defendant Hooper was the lessee and in possession and which injuries were occasioned by the explosion of illuminating gas which had escaped from an uncapped gas-pipe on said premises.

Without' a statement of unnecessary details of the pleading in question and regarding the sufficiency of which no controversy exists as between the parties to this appeal, it may suffice to state that, among other things, the amended complaint contains allegations in substance that the premises in the possession of defendant Hooper were connected with a gas-main which contained “large quantities of illuminating gas,” and that a gas-meter equipped with a valve or device for the purpose of opening or closing the flow of gas from the gas-main was installed on said premises; that defendant made no investigation for the purpose of ascertaining whether the gas-pipes on the said premises were properly installed or in good condition, and knew that the outlets of said pipe leading into the premises of which he was in possession were not capped or otherwise closed to prevent the escape…