LONDON GUARANTEE & ACCIDENT COMPANY, LTD., AND OTHERS v. NORTHWESTERN UTILITIES, LTD.

(1935) 53 Ll L Rep 67

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before Viscount Hailsham (Lord Chancellor), Lord Blanesburgh and Lord Wright.

Negligence - Public utility company (Canada)-Company empowered to distribute natural gas within the City of Edmonton, Alberta-Breaking of welded joint in main-Escape of gas followed by fire causing extensive damage to property - Claim by property owners against company- Contention by company that breaking of joint was solely due to the negligent manner in which the City authorities had carried out certain excavations in the vicinity of the company's mains, which had left those mains without adequate support-Rylands v. Fletcher, L.R. 3 H.L. 330-Duty of company acting under statutory powers - Whether property owners had a common interest with the company in maintaining the potentially dangerous installation or had consented to the danger-"(13) The company shall locate and construct its gas . . . works . . . and all apparatus and appurtenances thereto . . . so as not to endanger the public health or safety"-Water, Gas, Electric and Telephone Companies Act, R.S. Alberta, 1922, (as amended in 1924), Sects. 11, 13.