Graves

Plaintiffs bring the action as heirs at law of Warren Graves, deceased, who was burned to death .while employed by defendant and through the alleged negligence of defendant. The appeal is from the judgment on the verdict in favor of plaintiffs.

The cause of action is identical with the case of Hallawell v. Union Oil Co. (No. 1767), ante, p. 672, [ 173 Pac. 177 ]. Both Hallawell and Graves lost their lives at the same time and under identical circumstances. E'ach case was tried before a jury and in each plaintiffs had the verdict. The judgment in No. 1767 was affirmed. The facts and circumstances surrounding the accident causing Graves’ death are fully set forth in the opinion in cause No. 1767 and need not be here repeated. The testimony of witnesses in the present case is not, nor was it at all likely to have been, literally the same as when given by the same witnesses in the Hallawell case. But obviously, if the testimony was substantially the same in both cases and was deemed sufficient to support the verdict in favor of plaintiff in the Hallawell case, a like verdict in the present case must also be held to have support, and the judgment should be affirmed unless some error…