Kelly v. Louisiana Oil Refining Co.

The plaintiff prosecutes his appeal in the nature of a writ of error from a judgment dismissing his suit on the defendant’s demurrer to the declaration.

The suit is for damages for personal injuries sustained by reason of negligent conduct of defendant’s servant, employed to deliver gasoline and oil.

Plaintiff was an employee of one Brockwell, a merchant, engaged partly in buying and handling cotton. The store contained quantities of ‘‘loose cotton samples and loose parcels and particles of lint cotton.” Plaintiff’s clothing "was pretty well covered with lint cotton, a very inflammable…