McKee Electric Co. v. Carson Oil Co.

Plaintiff 1 brought this action for damages, alleging that, while in the course of delivering gasoline to an underground storage tank at plaintiffs place of business, defendant’s employe negligently overfilled the tank, causing gasoline to flow under the delivery truck. The truck somehow ignited the gasoline vapor, and the resulting explosion and fire completely consumed the truck and most of plaintiffs adjacent building. At the close of plaintiffs case, and again when all the evidence was in, defendant moved for a directed verdict on the ground that plaintiff had failed to prove negligence.…