McIntosh v. Standard Oil Co.

The opinion of the court was delivered by

Mason, J.:

Manuel S. McIntosh, a teamster in the employ of the Standard Oil Company, was engaged in hauling oil with a wagon drawn by three mules. While he was filling the tank on his wagon from, a standpipe in the storage yard, the team ran away. McIntosh was injured. He sued the company, alleging that the runaway was caused by an empty barrel being negligently loosened from a rick and permitted to roll toward and close to the mules. He recovered a judgment from which the defendant appeals.

The answer alleged in general terms that the plaintiff’s own…