Phoenix Assurance Co. v. Texas Holding Co.

The period given for the filing of additional briefs herein having expired and no additional briefs having been filed, it is assumed that the parties have elected to stand upon the briefs already on file.

During all the times mentioned herein, the defendant was in possession of and operating certain oil property situate at Huntington Beach, in the county of Orange. This property was located on Crystal Street between Summit and Garfield Streets. On the property was an oil well and certain tanks for the reception and storage of crude petroleum. For some time prior to the twenty-fourth day of February, 1923, the defendant had been producing crude petroleum and storing the same in the tanks just mentioned. These tanks were located in close proximity to Crystal Street. Crystal Street was a much-traveled public highway. On the twenty-fourth day of February, 1923, an explosion occurred on the premises occupied by the defendant and burning oil from the tanks referred to was thrown over and upon Crystal Street and over and upon three automobile trucks, then and there being, belonging to the copartnership of Shaffer & Best, and destroying said trucks by fire. This action is for the value…