Opinion
Robert D. Elder, Leadville, for plaintiffs in error.
Lee, Bryans, Kelly & Stansfield, Alfred J. Hamburg, Richard W. Bryans, Denver, Charles R. Casey, Leadville, for defendant in error.
SILVERSTEIN, Chief Judge.
This case was originally filed in the Supreme Court of the State of Colorado and subsequently transferred to the Court of Appeals under authority vested in the Supreme Court.
Plaintiffs in error (King), plaintiffs in the trial court, appeal from an adverse verdict and judgment in an action against defendant in error (Public Service Co.) wherein King sought to recover for damage to their residence resulting from three fires allegedly caused by the negligence of Public Service Co. The case was tried to a jury which found for the defendant.
King asserts error in the failure of the trial court to give two requested instructions and in the giving of Instruction No. 11. We find no error, and therefore affirm the judgment.
King made no objection to the giving of Instruction No. 11. On the contrary, when asked if there were any objections, Kings' attorney stated, 'No, I have no objections to the Instructions that are given there, * * *' Therefore no objection to the giving of Instruction No. 11 can now be raised. R.C.P.Colo. 51. See Holcomb v. Herren & Strong, Inc., 474 P.2d 229, announced by this Court September 1, 1970.
The instructions tendered by King were cumulative in effect and would have imposed upon Public Service Co. the liability of an insurer. Therefore they were properly refused. Recovery for damages caused by the escape of gas from mains on a public way is to be determined in accordance with the principles of negligence, and not by the doctrine of insurance against harm. Westfield Gas Corp. v. Hill, 131 Ind.App. 558, 169 N.E.2d 726; Annot., 96 A.L.R.2d 996.
The judgment is affirmed.
DWYER and DUFFORD, JJ., concur.