Mclane v. Northwest Natural Gas Company

255 Or. 324, 467 P.2d 635 (1970)

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Rule Of Law

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Nature Of The Case

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Facts

D was the owner of property where it maintained storage units that collected and controlled large amounts of natural gas. There is no doubt that natural gas is capable of great harm if it escapes from control. The decedent was on a portion of the property away from the collection of gas, assisting in insulating a part of a gas storage tank then under construction. Gas escaped from D's control and entered the tank, exploded, and thereby caused the decedent's death. P sued D for wrongful death. P relied on the rule of Rylands v. Fletcher and Restatement of Torts § 519. The court found that the storage of natural gas was not abnormally dangerous because reasonable care could be exercised to make the risk of explosion unlikely. P appealed.

Issues

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Holding & Decision

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Legal Analysis

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