Ingledue

fendants in the ease of L. F. Ingledue, plaintiff and appellant, v. L. Davidson, doing business under the fictitious name and style of Pulman Lunch, defendant and respondent, D. W. Edelman et al., defendants, in which a decision was this day rendered (ante, p. 697 [ 283 Pac. 837 ]). At the close of plaintiff’s evidence in that ease, the trial court granted a motion for nonsuit in respondent’s favor. From this action of the court plaintiff has appealed.

The facts applying to this ease are set forth in the aforesaid decision. It appears from these facts that at no time prior to the explosion had this respondent received any notice that there was any leakage of gas from any of the gas-pipes on the premises of defendant Davidson, nor information sufficient to put respondent upon notice that such leakage existed.

Nor can the doctrine of res ipsa loquitur be invoked against this respondent for the reason set forth in said decision and for the additional reason that the pipe, the leaking from which caused the explosion, was a part of the house piping of the said Davidson restaurant and not under the actual control of this respondent.

The trial court did not err in granting the motion…