Where the gas company is authorized by the legislature the public may not recover damages, but it will be liable to a private person ; People v. Gaslight Co., 64 Barb. (N. Y.) 55 ; id., 6 Lans. (N. Y.) 467. A gas com pany before turning on gas into an apart ment house must use reasonable precautions to ascertain that the pipes in the building are in such condition that it will not flow out into the apartnients of tenants, who have not applied for it, to their injury ; per Peckham, J., in Schmeer v. Gaslight Co., 147 N. Y. 529, 42 N. E 202, 30 L. R. A. 653. For an elabo rate note on the liability for negligence in the escape and explosion of gas, see Ohio Gas Fuel Co. v. Andrews, 50 Ohio St. 695, 35 N. E. 1059, 29 L. R. A. 337; 16 Alb. L. J. 466. See also NEGLIGENCE. As to gas as a nui sance, see that title.
Remedies. An injunction will be granted to restrain a company from improperly cut ting off the supply on the ground of irrepara ble injury ; Sickles v. Gaslight Co., 64 How. Pr. (N. Y.) 33; L. R. 28 Ch. D. 138 ; a pri vate owner cannot ask for an injunction against acts of companies in laying pipes un til a request to the municipal authorities to do it and their refusal; Kenney v. Gas Co., 142 Mass. 417, 8 N. E. 138 ; and one compa ny will not be restrained at suit of another ; Jersey City Gaslight Co. v. Gas Co., 40 N. J.
Eq. 427, 2 Atl. 922. When the gas becomes a nuisance by defective pipes, the municipality may abate it and will not be restrained, but when it is not a nuisance a bill for injunction will not be sustained at suit of the mu nicipality ; 5 Cent. Rep. (Pa.) 669.
Mandamus. Will lie to compel a supply of gas either artificial ; People v. Gaslight Co., 45 Barb. (N. Y.) 137 ; or natural ; Portland Nat ural Gas & Oil Co. v. State, 135 Ind. 54, 34 N. E. 818, 21 L. R. A. 639.
A claim that gas is of poor quality is no defence to an action for the supply of it ; 32 Gas J. 5 ; but it may be shown that the gas was put out by air passing through the tubes, the contract being to pay for gas only, and the meter not being conclusive ; Healey v. Bauer, 65 Hun 621, 19 N. Y. Supp. 988. An action will not lie against a gas company by a consumer for the failure of the com pany to give him a supply of gas of the amount and purity required by law ; [1896] 1 Q. B. 592.
Connecting a rubber pipe with gas mains and taking off the gas therefrom is larceny; 1 Cr. Cas. Res. 172; Woods v. People, 222•Ill. 293, 78 N. E. 607, 7 L. R. A. (N. S.) 520, 113 Am. St. Rep. 415, 6 Ann. Cas. 736.
As to pipes in the ground, whether real or personal, see 12 Am. & Eng. Corp. Cas. 334 ; and as to gas fixtures, see FixTuans.