Tupper v. Continental Oil Co.

PORTERTE, District Judge.

This is an action by members of the Tupper family to recover $3500 as damages to a mausoleum, which plaintiffs allege were caused by a shooting crew of the Continental Oil Company, in April, 1943.

The structure is about 12 feet by 14 feet, with a height of about 20 feet. Its original cost of construction in January, 1938, was $17,000.00. The walls of the mausoleum are of granite slabs, some of which are 11 feet, 4 inches long, 11 inches wide, and which weigh an average of 5800 pounds.

The shooting crew of the Continental Oil Company fired two test shots, each 562 feet…