State Ex Rel. National Refining Co. v. Shain

Certiorari to quash the opinion of the Kansas City Court of Appeals in Fawkes v. National Refining Co., 130 S. W. (2d) 684. In that case the Court of Appeals affirmed a judgment for plaintiff for personal injuries. On the night in question the motor of a truck owned by C. H. Stinnett would not function. Assuming that the truck was without gas, Stinnett and companion pushed it to the filling station of the defendant company and purchased gasoline. Even then the motor would not function. Thereupon Stinnett, companion and Earl Howell, filling station agent of the company, in an effort to start…