Malone Freight Lines, Inc. v. McCardle

COLEMAN, Justice.

Defendant appeals from judgment for plaintiff, on jury verdict, in action for damage to plaintiffs tractor caused by fire and alleged to be the proximate result of defendant’s negligence in servicing a fire extinguisher which was affixed to and carried on the fender of plaintiff’s tractor.

Plaintiff alleges that defendant, as a condition of a contract entered into by plaintiff and defendant, had required plaintiff to purchase the extinguisher from defendant and affix it to plaintiff’s tractor which plaintiff was using, together with a trailer furnished by defendant, to haul…