Carroll

The defendant’s demurrer to the complaint herein was sustained without leave to amend and judgment was thereupon entered in favor of defendant. Plaintiff has appealed from the judgment. The third and fourth paragraphs of the complaint read as follows:

The demurrer is both general and special. It will be sufficient to consider the grounds of. demurrer urged in respondent’s brief.

The defendant was under obligation to exercise ordinary care in the construction and maintenance of its pipeline to prevent the escape of gas therefrom. “This means such care as a reasonably careful and prudent person, having in view the dangers to be avoided and the likelihood of injury therefrom, would exercise, under the circumstances, in order to prevent injury. Where death may be caused by an agency lawfully in use, ordinary care requires that every means known, or that with reasonable inquiry would be known, must be used to prevent it.” (Fairbairn v. American River Electric Co., 170 Cal. 115, 118 [ 148 Pac. 788, 789 ], 179 Cal. 157, 160 [ 175 Pac. 637 ]; 12 R. C. L. 905; 28 C. J. 591; McWilliams v. Kentucky Heating Co., 166 Ky. 26 [L. R. A. 1916A, 1224, 179 S. W. 24 ].) Respondent does not contend…