Quaker Oats Co. v. Grice
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the District of Vermont. Action by Klwyn H. Grice against the Quaker Oats Company. There was a judgment for plaintiff, and defendant brings error. This cause comes here upon a writ of error to review a judgment entered upon the verdict of a jury in favor of defendant in error, who was plaintiff below.
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In Error to the Circuit Court of the United States for the District of Vermont. Action by Klwyn H. Grice against the Quaker Oats Company. There was a judgment for plaintiff, and defendant brings error. This cause comes here upon a writ of error to review a judgment entered upon the verdict of a jury in favor of defendant in error, who was plaintiff below. The action was brought, to recover damages occasioned by the destruction by lire of the dwelling house and buildings occupied by plaintiff and their contents, alleged to be caused by the negligence of defendant. Defendant for several years…
1Per curiam
[1] Although the declaration avers two grounds of negligence—accumulation of inflammable dust and spontaneous” combustion of some ground grain (shives) which had been allowed to remain undisturbed in a bin—the main thing relied on by the plaintiff was the dust. This is manifest from his counsel’s opening address (which has been printed in the record) and from the testimony. If the jury were satisfied that the cause of- the explosion was the presence of this dust, and that reasonable care had not been taken to remove so much of it as to render the premises safe, they were warranted in finding…
2Cases cited1 opinion
- Barney's Admrx. v. Quaker Oats Co.Supreme Court of Vermont · 1912
3Cited by11 opinions
- Menth v. Breeze Corporation, Inc.Supreme Court of New Jersey · 1950
- Hobbs v. Union Pacific R. R. Co.Idaho Supreme Court · 1940
- Cornec v. Baltimore & OR Co.Court of Appeals for the Fourth Circuit · 1931
- Hayhurst v. Boyd HospitalIdaho Supreme Court · 1927
- Hamilton v. KelseyOregon Supreme Court · 1928
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