Babler Bros. v. Pacific Inter-Mountain Express Co.

This is an action for damages sustained when gasoline exploded while being discharged from defendant’s truck into plaintiff’s storage tank. The trial court, sitting without a jury, found for plaintiff. Defendant appeals.

Babler is a highway-construction company; defendant is a common carrier. Shell Oil Company, not a party in this litigation, sold gasoline to Babler. Babler’s storage tank was furnished by Shell. Shell also furnished a calibrated measuring stick and a chart, which, when properly employed, were supposed to provide a reasonably accurate measurement of the con tents of the tank at…