Brengle
Brengle v. Steen
Opinion
Lead Opinion
Seawell, J.
This action arose out of the same explosion of illuminating gas as that involved in Sawyer v. Southern California Gas Co. (L. A. No. 8326), ante, p. 366 [ 274 Pac. 544 ]. Plaintiffs herein are the surviving wife and minor daughter, respectively, of Selby T. Brengle, deceased, who died from injuries received in said explosion, and the compensation insurance carrier of Hooper, the owner of the accessories shop in which the explosion took place. Brengle was an employee of Hooper. The plaintiff insurance company has paid the death benefit provided for in the Workmen’s Compensation, Insurance and Safety Act (Stats. 1917, p. 831, as amended), to said surviving wife and minor daughter of Brengle.
A nonsuit in favor of the Southern California Gas Company was granted in the case herein, as in the Sawyer case, and a judgment of dismissal entered thereon. The evidence is substantially similar in the two cases, except that it was not shown in the instant case that the four meters were installed pursuant to orders which Turner, the owner of the building, had given to the gas company before' the completion of said building. It was shown herein that the meter connecting with the accessories…