Lund v. PHILLIPS PETROLEUM COMPANY, INC.

CROCKETT, Chief Justice.

The plaintiffs sued for damages to the paint on their automobiles alleged to have been caused by some deleterious substance in the smoke and soot emitted from a flare stack at defendant’s oil refinery at Woods Cross, Utah. From adverse jury verdict and judgment entered thereon defendant appeals.

Defendant challenges the verdict and the propriety of submitting the case to the jury under the doctrine of res ipsa loquitur on these bases: that there is no proof that the soot came from its flare stack; nor that it was negligent in its operations; but that, on the contrary,…