S. H. Kress & Company v. William C. Godman

This appeal arises out of an action instituted by S. H. Kress & Company, plaintiff-appellant. In its complaint appellant alleged the negligent repair of a boiler by Gate City Plumbing and Heating, respondent, and that as a consequence of the alleged negligent repair the boiler exploded causing extensive property and inventory damage to the appellant. On Saturday, April 29, 1967, Robert Noll, appellant's store manager in Pocatello, Idaho, found the store cold and discovered the boiler's fire was out. He attempted to start the fire but failed. Then he called respondents, explained the problem to William C. Godman, owner of Gate City Plumbing and Heating, and requested a repairman. Godman responded that a repairman would be available on the following Monday. On Monday, May 1, 1967, Cleo Smith, respondents' repairman, arrived, having been instructed by Godman to start the boiler fire. Noll explained to Smith that the boiler was not firing and that he did not know the nature of the problem. Noll then showed Smith the location of the main water valve and the boiler room. While examining the boiler, Smith checked the water level and found it just right. Then he discovered the water feeder, which supplied the water to the boiler, was leaking inside and outside the boiler. He repaired the leak by installing a new gasket in the water feeder. Next, Smith found the electrical switch controlling the gas flow into the boiler turned off. After he turned it on, the boiler fire started. After watching the boiler go through its heating cycle for approximately thirty minutes, Smith went upstairs and replaced a radiator vent. He returned to the boiler room for his tools and checked the boiler again. During this period of time the boiler operated without any difficulty. Before leaving appellant's store Smith advised Noll to watch the water and pressure gauges on the boiler. Smith left around 9:30 a.m.