Self v. Sinclair Refining Co.

BRYAN, Circuit Judge.

Appellant sued appellee to recover damages for negligently causing the death of her son. The District Court sustained a demurrer to a second amended declaration, denied leave to amend further, and entered judgment final on the demurrer. These ruling’s are assigned as error.

The declaration is in four counts. Allegations common to all the counts are to the following effect: Appellee maintained a plant for the storage of oil and gasoline, and in connection therewith a large tank with a floating roof for the storage of gasoline. As gasoline was pumped out of the tank, the…