Herr v. Simplex Paper Box Corp.

Opinion by

Me. Justice Schaffer,

In this action to recover damages for personal injuries caused by burning gasoline, the facts are somewhat unusual and the question of law involved not free from difficulty. In order that we might get the fullest views from both sides we have heard oral argument on two occasions. The appeal is by defendant from the refusal of the trial court to enter judgment in its favor, notwithstanding a verdict for plaintiff.

Plaintiff was employed as a tank truck driver and salesman by an oil company. Defendant’s employee, upon whose alleged-to-be negligent act liability in…