Nygaard v. Wadhams Oil Co.

The following opinion was filed March 7, 1939 :

Fowler, J.

As appears from the foregoing statement, a retailer sold to a customer contaminated kerosene into which the jury found a wholesaler, the Wadhams Oil Company, hereinafter referred to as the “company,” had mixed a quantity of gasoline sufficient to make it a highly dangerous explosive. Plaintiff's decedent used the kerosene to start a fire, and an explosion resulted which set fire to' his clothing and caused burns from which he died. This contamination resulted from one of two1 causes: The mixing of gasoline with kerosene by some person,…