Roscigno v. Colonial Beacon Oil Co.

On February 10, 1928, the plaintiff sustained personal injuries from the explosion of a vaporizer tank in the oil storage and refining plant of the defendant, more than a quarter of a mile away from the plaintiff's house. The same explosion resulted in the case of Anderson v. Beacon Oil Co. 281 Mass. 108.

In the case at bar, an action of tort for alleged negligence, there was no evidence of specific negligence, and the only question is whether the rule res ipso loquitur applies. If it does, the burden of proof of negligence remains on the plaintiff (Fitzmaurice v. Boston, Revere Beach & Lynn…