Plains Transport of Kansas, Inc. v. Baldwin

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from a judgment in an action to recover damages to a tractor and tank trailer which were destroyed by fire while propane was being transferred from the transport to a bulk tank.

Joe C. Baldwin and H. Clementine Baldwin, d/b/a Joe Baldwin Gas Company, were the owners of a bulk propane plant at Anthony, Kansas, and are the defendant-appellees herein.

On May 28, 1969, at 4:30 p. m., Wilbert Thomsen, an employee of Groendyke Transport, Inc., arrived at the defendants’ bulk plant for the purpose of delivering a load of propane.…