P. B. Mutrie Motor Transportation, Inc. v. Interchemical Corporation

COFFIN, Circuit Judge.

Defendant common carrier made a delivery of liquid latex to plaintiff’s manufacturing plant by the “forced air pressure” method, which involved forcing the liquid by air pressure from defendant’s tank truck through a rubber hose into piping connected to the bottom of a storage tank on the second floor of plaintiff’s building. At the end of the delivery liquid latex in a foamy condition overflowed from a manhole in the top of the tank, causing damage to plaintiff’s property, chiefly to some 50,000 yards of sheeting fabric.

Plaintiff alleged that the forced air method…