Madron v. Thomson

A truck and trailer, together with the cargo thereon, belonging to the plaintiffs Madron were damaged by fire. The plaintiff insurance companies paid the Madrons a part of the loss pursuant to fire insurance policies issued to the Madrons. The defendants are a service station operator, Thomson, and his employee, Riley. Plaintiffs contend the fire was caused by defendants’ negligence. The trial court directed the jury to return a verdict in favor of both defendants. Plaintiffs appeal.

The plaintiffs charged that the defendants were negligent in two particulars:

“(1) In endeavoring to fill and in…