Albany Beverage Corp. v. Charles Springer Welding Works, Inc.

This is an action grounded in negligence to recover damages to a gasoline powered carloader machine resulting from a fire. Defendant was hired by the plaintiff to make certain repairs to the machine and welding was necessary for such repairs.

The machine was moved by the plaintiff to a point just outside the garage but still within the confines of plaintiff’s premises. While defendant’s employee was using a torch for cutting a metal band, a fire started to his left and somewhat behind him. He ran for an extinguisher but the fire could not be put out and ‘‘ it just burned itself out ’ ’. The…