Eaton v. Blue Flame Gas Company

Vernon Eaton brought suit in the Superior Court of Whitfield County for damages arising from his house and furnishings being
destroyed by fire, which fire, it is alleged, started from a propane-gas furnace installed in the plaintiff's house by the
defendant, Blue Flame Gas Company, Inc. The plaintiff in his petition says that the defendant was negligent as hereinafter
shown. The plaintiff then sets forth that he purchased the furnace from the defendant who had assured him as an expert that
the furnace would operate properly. The defendant installed the furnace, started it burning, and adjusted it. Later when it
made loud popping noises, the plaintiff called the defendant who came to the plaintiff's house and made more adjustments on
the furnace, and again stated that the furnace would operate properly. The plaintiff further alleges that the furnace caught
the house on fire and burned it and its contents. The plaintiff then alleges, as a Conclusion without supporting facts, that
"it follows that it was the fault and negligence of the defendant, as the defendant held itself out to be experienced and
an expert in installing and regulating said furnace and making it function properly and without danger to petitioner and his
property." The plaintiff does not allege anywhere in his petition that the defendant was negligent in installing or adjusting
the furnace. The court sustained the defendant's general demurrer and dismissed the action. The plaintiff excepted. Held : 1. A plaintiff must allege sufficient specific acts of negligence, as to the injured party, to withstand demurrer, and can
recover only on the specific acts alleged. Harden v. Georgia R. Co., 3 Ga. App. 344 (59 S.E. 1122); Cromer v. Dinkler, 82
Ga. App. 227, 232 (60 S.E.2d 482); Kellett v. Templeton, 61 Ga. App. 230 (6 S.E.2d 392). The doctrine of res ipsa loquitur
has no application to pleadings. Fulton Ice &c. Co. v. Pace, 29 Ga. App. 507 (116 S.E. 57). The amended petition fails
to distinctly set out or allege any specific act of negligence. The action was properly dismissed on general demurrer.