Underhill v. Major

I dissent because, under the evidence, the findings of negligence and freedom from contributory negligence are necessarily inconsistent.

The particular negligence alleged, proved and submitted to the jury is that defendant’s daughter pumped gasoline into the car tank with knowledge that a lighted lantern was “ contiguous to the point where this opening into the tank was — within a short distance of that.” But the same knowledge that defendant’s daughter had, or ought to have had, this plaintiff had. Defendant’s daughter stood at the gasoline pump some little ’distance away from the car with…