Ingledue

Appellant brought this action to recover damages for injuries sustained by him from an explosion of gas. Prom a judgment rendered in favor of respondent upon a directed verdict he has appealed. It appears from the evidence that on the sixth day of May, 1922, appellant went to respondent’s restaurant about noon for a lunch. He had made his order and was sitting on a stool at the lunch-counter facing a large mirror that was attached to and rested against the wall some six feet in front of and to the west of him. This mirror was from twenty-five to thirty feet long and about six feet wide and rested upon a shelf, the bottom of the mirror being about six inches higher than the lunch-counter, the space between the shelf and the lunch-counter being used by the waiters in passing back and forth while waiting upon the lunch-counter customers. Immediately south of the south edge of said mirror and twelve or fourteen inches therefrom was a coffee urn, which was heated by a small gas jet. Shortly after appellant had taken his seat at the lunch-counter, and while waiting for his order to be filled, a small flame, several inches wide and a few inches high, shot up from the south edge of the…