Starks Food Markets, Inc. v. El Dorado Refining Co.

The opinion of the court was delivered by

Thiele, J.:

The primary question in the appeals in the above-entitled cases is the sufficiency of the several petitions to state a cause of action based on the doctrine of res ipsa loquitur. In an explanatory way it may be said that a certain building at 3513-3515 Broadway street in Kansas City, Mo., was occupied by a public garage known as the Uptown Garage and by other tenants. On March 14,, 1939, a gasoline tank in the garage was being filled from a gasoline tank truck and a fire occurred. The owners of the building, various tenants therein, and…