Herzinger v. Standard Oil Company of California

ORR, Circuit Judge.

Appellant was the owner and operator of a service station situate at Mineral Hot Springs, Nevada. Appellee Odermatt, hereinafter referred to as Odermatt, was a wholesale dealer in petroleum products furnished him by Standard Oil Company of California, hereinafter referred to as Standard.

On the 3rd day of May 1947 Odermatt caused to be delivered to Herzinger a tank truck load of gasoline from which two underground tanks were filled. After filling one underground tank the truck was moved to a position from which the second was filled. Immediately subsequent to the filling of…