Herzinger

Appellant was the owner and operator of a service station situate at Mineral Hot Springs, Nevada. Appellee Odermatt, hereinafter referred to as Odermatt, was a wholesale dealer in petroleum products furnished him by Standard Oil Company of California, hereinafter referred to as Standard.

On the 3rd day of May 1947 Odermatt caused to be delivered to Herzinger a tank truck load of gasoline from which two underground tanks were filled. After filling one underground tank the truck was moved to a position from which the second was filled. Immediately subsequent to the filling of the second tank the driver of the truck disconnected the hose used in the operation of draining gasoline from the tank truck to the underground tanks, emptied it and laid it along the ground. The driver then went to a bar room operated on the premises to make out invoices. A few minutes later a fire occurred which consumed several buildings belonging to appellant.

Appellant instituted this action, alleging Odermatt to be the agent of Standard; that negligence on the part of the employee of Odermatt in delivering gasoline on May 3, 1947 resulted in its ignition with the resultant destruction of Herzinger’s…