
    PETER LAPPIN, Appellant, v. GEORGE TAYLOR, Respondent.
    Negligence—Master and servant—Injury caused by wileul act op
    PELLOW SERVANT—MASTER NOT LIABLE.
    This is an appeal from an order setting aside the verdict of a jury and granting a new trial. The action was brought to recover the sum of $5,000 damages for injuries sustained by the plaintiff from the explosion of a gasometer kept and used by the defendant in the room where the plaintiff worked. The plaintiff was in the employ of the defendant, and the gasometer was kept in the room in which the plaintiff was employed and was used by the defendant for the purpose of testing the gas regulators. The plaintiff testified that on the 33d of April, 1884, at lunch time, he and a man named Wyer and an errand boy named Adolph, also employed by the defendant, were in the room eating their lunches. After lunch the plaintiff passed from one part of the room to another to get his pipe, and, while doing so, Wyer called to him and said— referring to the plaintiff, who was sitting close by the gasometer—“Pete, look what the Chinese is doing ?” The boy said: “I am going to see if there is any life in this,” (meaning the gasometer). The plaintiff said, “You had better not do it.” The boy said, “ I will,” and he struck a light and there was a flash, and the plaintiff was knocked senseless; he was very severely injured. The jury found a verdict for the plaintiff and assessed the damages at $349.10.
    
      John Belahunty, for appellant.
    
      A. B. Conger, for respondent.
   Truax, J.

The order must be affirmed with costs. The injury was caused not by any negligence on the part of the defendant, but by the wilful act of a fellow servant, for which act the defendant was not liable. The defendant was not bound to anticipate or to guard against an act of the kind that caused the explosion.  