Whited

Severe damage was done to plaintiff’s home and to his automobile which was in the carport, by a fire which occurred while an employee of defendant Seaside Oil Company was filling a 114-gallon drum, in the carport, with gasoline. (Husband and wife are plaintiffs, but the singular term is used for convenience.) The amount of damages was stipulated as $21,496.37. Plaintiff’s complaint charges negligence of defendants in inspection and maintenance of the drum, and in the delivering of the gasoline. Defendants’ answer denies generally, and alleges contributory negligence. Verdict of the jury was for defendants. The words “Not Guilty” were added by the jury to the typed part of the verdict. Motion for new trial was made, and was denied. Appellant built his carport in about 1953 and then moved the drum, which had been outside, into a corner of the carport. He did not consult anyone about the location of the drum. The drum was located about 12 feet from a gas heater which had an open pilot light. The heater was in a breezeway which was separated from the ear-port by a door, which had been closed when each gasoline delivery was made during the four and a half years, the period in which…