Bloss v. Pure Oil Co.

The facts are, briefly, these: The plaintiff and one Melvin Diefendorf were copartners conducting a garage at Chittenango. The defendant, pursuant to a contract with Bloss & Diefendorf, was installing for them on their garage premises a gasoline pump. The work was in charge of a Mr. Salisbury and one or two assistants. In laying some pipes to connect the pump with the gasoline tank it was necessary to raise a cement or stone block from the walk on the garage premises. The block was about five feet in width and of considerable weight, said by one witness to be about half a ton. Salisbury came…