Smith v. Associated Oil Co.

The plaintiff brought this action to recover for damage suffered by reason of the burning" of his dwelling and other buildings, the cause of the fire being attributed to the negligence of an employee of the appellant in spilling a quantity of distillate upon the ground while engaged in filling a fifty-gallon drum placed close to plaintiff’s house. The defendant denied any liability in the matter, and as a separate defense alleged that the destruction of the property was caused by plaintiff’s carelessness and negligence in lighting a match in proximity to the inflammable substance, and that plaintiff alone was at fault in causing the fire. Trial was had by a jury. At the conclusion of plaintiff’s case defendant moved for a nonsuit, which was denied. The jury rendered a verdict in favor of the plaintiff in the sum of $2,283. The appellant moved for a new trial on the ground that the evidence was insufficient to support the verdict, and that it was against law, and that the court had made errors in the conduct of the trial which were excepted to by the appellant. The motion was denied, and defendant, appeals from the judgment.

[1] Appellant’s first contention is that the complaint…