MacLachlan

MacLachlan v. Lutz

Good Law
1967 Cal. App. LEXIS 2286·249 Cal. App. 2d 756·57 Cal. Rptr. 833
Court of Appeal of CaliforniaMarch 28, 1967Civ. No. 22705California1,254 words

Opinion

Lead Opinion

Draper, J.

Plaintiff lessors sought recovery from defendant lessees for extensive fire damage to the leased premises. Judgment on jury verdict was for defendants, and plaintiffs appeal. Both original plaintiffs have died, and their personal representatives have been substituted.

Defendant lessees operated an automobile sales agency and garage on the leased premises. Occasionally, an automobile purchaser required application of underseal to his newly purchased car, and lessees did this work. A spray gun, eleetri *758 cally operated, was used to apply a highly inflammable substance. At the time of the fire, defendants’ employee Jones was undersealing a ear which had been raised on a hoist rack. As Jones neared completion of the job, he adjusted the hoist slightly to get a better look at the area beneath the car. “I backed up against the wall . . . And that’s when all the commotion started.” He felt a shock, dropped the gun, the compound ignited, the car burned, and the building was badly damaged as the fire spread. There is evidence that a fuse box wás located on the wall which Jones said he backed against. The fire inspector’s report, introduced in evidence, quotes Jones as saying that his…

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