Pierce Oil Corp. v. Taylor
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Arkansas; Frank A. Youmans, Judge. Action by Elihu Taylor, administrator of the estate of Alice Taylor, deceased, against the Pierce Oil Corporation. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
HOOK, Circuit Judge.
This was an action by the administrator for the death of Alice Taylor, caused by the sale by the defendant corporation of an oil as and for kerosene, but in fact much more inflammable, and by its explosion when used. A verdict and judgment for the .plaintiff resulted. The defendant sold and delivered the oil to a firm of retail merchants, knowing it was for resale to their customers as kerosene. A gallon of it was purchased as kerosene from the retail firm for use in plaintiff’s family, of which the deceased was a member. While she was using it to kindle a fire in a stove,…
2Cases cited1 opinion
- Ellis v. Republic Oil Co.Supreme Court of Iowa · 1906
3Cited by3 opinions
- Pierce Oil Corp. v. TaylorSupreme Court of Arkansas · 1921
- Gulf Refining Co. of Louisiana v. JinrightCourt of Appeals for the Fifth Circuit · 1925
- Houston Oil Co. of Texas v. McGuireSupreme Court of Arkansas · 1933