Schmidt

Plaintiffs are husband and wife and the judgment was "in their favor for twelve thousand five hundred dollars as damages for injuries sustained by Lizzie Schmidt in an explosion of oil purchased from defendant. The appeal is from the judgment under the alternative method. . (Code Civ. Proc., sec. 953c.)

It is alleged in the complaint that plaintiffs were engaged in the poultry business and, in the prosecution of said business, used incubators for the purpose of hatching eggs by artificial heat; that, to generate such heat, they burned kerosene oil which they bought from defendant; that the use of said oil of ordinary quality for such purpose is entirely safe and attended with no danger of explosion. “That prior to about March 15, 1911, they had purchased oil of this character from defendant which was entirely safe; that defendant at all times knew the use to which the oil purchased from it by plaintiffs was put. That on or about March 15, 1911, they purchased a quantity of kerosene oil for their incubator lamps believing it to be of the same quality as that theretofore sold them by defendant, but defendant, disregarding its duty in that behalf, negligently and carelessly sold…