Shell Oil Company, a Corporation v. Lanus Wayne Prestidge

Between 7:00 and 7:30 o’clock on the morning of June 1, 1954, Lanus Wayne Prestidge, appellee herein, and a companion, .visited the site where Rocky Mountain Oil Corporation was drilling for oil near Montpelier in Bear Lake County, Idaho, for the purpose of seeking employment. At the time they arrived at the site, the day’s work had not commenced and Clarence S. Robinson, the Drilling Superintendent on the operation, whom they wanted to see concerning employment, was not present. While waiting for Mr. Robinson, Prestidge and his companion joined the drilling crew around a fire which the crew had started for the purpose of warming themselves before commencing work. While Prestidge and his friend were waiting around the fire for Mr. Robinson to put in his appearance, one of the drilling crew poured diesel oil on the fire to make it burn better. This resulted in fire being splashed on Prestidge, burning him.

As a result of his injuries from being burned, Prestidge instituted an action against Rocky Mountain Oil Corporation, Shell Oil Company and Stony Point Development, Inc. Stony Point Development Company was subsequently dismissed from the action by stipulation, and the case…