Spence v. American Oil Co.

The action here was instituted by H. L. Spence against the American Oil Company, Inc., and the Standard Oil Company of New Jersey. The parties will be generally referred to as plaintiff, American and Standard, respectively. It presents a case of alleged duality of negligence, in that the plaintiff charged in his notice of motion that both American and Standard were guilty of negligence which caused the injury to his car.

Standard demurred to the notice of motion for judgment, which was overruled by the trial court. When the evidence was ended Standard moved the court to strike all the…