Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1903-11-12
WHAT 1T MEANS.
A Discussion Of the Application
TO u. u. Company.

Consumers Waive Rights for Damage
from Water as well as Gas-Insur-
ance Companies May have Something
To Say About the Matter-S0me
Legal Propositions.
To the Editor of the New DOMINION
In considering the action OF the
Union Utility Go. in demanding
consumers of gas to release the com
pany from future damages, it plainly
appears that the cause has been
concealed; and that the effect has
been misconcieyed by those object
/ ing.
The cause is self evident, viz:
desire on the part of the company to
be absolved from all liability and
charge the same for the gas, svheth-
er the gas pressure varies or remains
normal.
The company says i. is simply
notice. Any one knows the differ
ence between notice and an agree
ment.
The notice was given by the com
pany through the papers; the iron
clad contract is being presented to
the consumers for their signat ures,
with the positive assurance that if
the contract is not signed by Decem
Der 1st the gas and water will be
cut off from each consumer who fails
to sign it, thereby waving all dam
ages, which is duress, plain and
simple. a.
Why shut off the water too? Is
its pressure irregular, or is it the
quality, from which use damages
may result? This question has not
been answered in favor of the pro-
Queer, but has been ascertained by
many consumers, to their sorrow. If
the water is impure, the company
furnishing it is liable for resulting
injuries, and the law does not excuse
1t under the plea of ignorance 1t
must know.
There is more cause for the com
pany to avoid arising damages from
the quality of the water, than the
4 character OF the gas.
Good regulators control the pres
sure, while filters will not destroy
the germs if they be in the water or
il certain stages of the water reach
the incubators of the germs secreted
along the banks of the river, it's
tributaries and sewers entering into
the river before the water is pumped
into the reservoir.
This is the "mouse in the meal
barrel" in my humble estimation,
and to be avoided, the gas scare
must be urged. The effect of the
consumer waving damages, not only
releases against the character of the
water, but becomes vital question
with persons carrying assurances.
/ The insurance companies permit
you to use gas, or consent to you
continuing the use of gas, but they
did not say you could waive all
damages against the gas company.
i This is the rub. 1t is without
notice to the insurers, and gives
them right to object, should loss
occur by reason of the gas in the
house. The gas company says "use
of gas" but you do not ''use'' the
gas in the pipes in your building
until it comes through the mixers.
The irregular pressure may burst
the pipes in the building before it
reaches the mixers. and produce an
explosion and fire.
Those who use gas, without cost,
il such there are, will be lothe to
to waive resultant damages, still they
demand this trifing (2) thing of those
who pay for it. AS to the effect of
the contracts upon insurance policies,
is somewhat similar to the act OF the
original cestin que trust, who after
assigning the note, the payment OF
which is secured by deed of trust,
which carries with it the statute, the
benefits of the trust, releases the trust
line, without the consent, or author
ity of the assignee.
AS to innocent purchasers, without
notice recourse upon the original
cestui que trust would be proper and
inst, Ia behalf OF the assignee.
With insurance companies, while
they would have to pay the policies,
they would have recourse upon the
gas company, but If the consumers
have released the gas company, will
not the insurance companies have the
legal right to refuse to pay the poll
cies, claiming the insured has pre-
vented them from recourse upon the
gas company? The plea Of duress
will avail nothing for the insured.
The reason assigned by the gas COM
pany, viz; "to keep an accurate list OF
consumers, Is too weak.
Every mixer is issued by 1t, and 1t
knows every house that has been
plumbed, as it insists upon the right
to inspect, test, and count the con-
uectons before the gas main is tapped,
and before any other plumbing estab-
lishment can secure payment for work
and material. There is reason for
the new contracts, but that reason is