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Foster v. City of Keyser

202 W.Va. 1, 501 S.E.2d 165 (1997)

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Foster v. City of Keyser

West Virginia Supreme Court of Appeals
202 W.Va. 1, 501 S.E.2d 165 (1997)

  • Written by Liz Nakamura, JD

Facts

Mountaineer Gas Company (Mountaineer) (defendant) operated an underground natural-gas transmission line in the City of Keyser, West Virginia (the city) (defendant). Natural gas is explosive, easily ignited, and will flow to the surface along the path of least resistance if it escapes from the transmission pipeline. Natural gas escaped from Mountaineer’s transmission line and caused an explosion that damaged multiple houses, including Charles Foster’s (plaintiff). Foster sued Mountaineer and the city, arguing, in relevant part, that Mountaineer should be held strictly liable for the damages. The trial court agreed and imposed strict liability on Mountaineer. Mountaineer appealed, arguing that imposing strict liability was inappropriate.

Rule of Law

Issue

Holding and Reasoning (Starcher, J.)

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