Feeney

Plaintiff was the proprietor of a garage conducted by him in a building which he occupied under a lease from the owner thereof. The building was destroyed by a fire alleged to have been negligently caused by the defendant. Plaintiff sued as assignee of the owner to recover damages suffered by the destruction of the building. The Pennsylvania Fire Insurance Company, having insured the building against loss by fire, paid the owner the sum for which it was insured and intervened in the action. The intervener was given judgment for the sum so paid and this appeal is from the judgment so rendered.

The facts are simple and undisputed. The only question presented by the appeal is whether the fire was caused by negligence of the defendant. The court found: “That on the twenty-third day of August, 1917, plaintiff ordered certain quantities of gasoline from defendant, and on said last-mentioned date defendant, by its agent McDonald, delivered a quantity of gasoline to plaintiff at the above mentioned building owned by said Steel. Plaintiff had a tank inside the said building, and it was necessary for the said McDonald to draw the gasoline from the delivery wagon tank in which he had…