Strand

Plaintiff brought suit to recover damages for personal injuries and property loss arising from the alleged negligence of defendant in overflowing plaintiff’s automobile tank at a gasoline filling station so that the automobile took fire, which caused the loss and injury. The trial court gave judgment for the plaintiff in the sum of $240, and the plaintiff appeals from the judgment.

Plaintiff’s husband, A. A. Strand, testified that he drove the plaintiff’s automobile from Brawley and stopped at the service station of the defendant at Indio. At that time Tyler G. Duff was sitting in the front seat with Strand and to his right. Plaintiff was sitting on the right side, and Mrs. J..F. Warner on the left side of the rear seat of the automobile. Plaintiff’s husband got out of the automobile from the left side of the car and went to the right of the front seat and measured the contents of the gasoline tank, while Duff stood on the left side of the car near the front end, and the ladies remained in the rear seat of the automobile. That after measuring the contents of the gasoline tank he stated to Craig, the defendant’s employee who was in charge of the service station, “I want four…