Maloney Tank Mfg. Co. v. Mid-Continent Petroleum Corp.

McDERMOTT, Circuit Judge.

The Mid-Continent Petroleum Corporation owned a battery of oil tanks located near Seminole, Okl. On February 1, 1927, its vice president directed his subordinates to have these tanks dismantled by the Maloney Tank Manufacturing Company. While they were being dismantled, one of the workmen stopped in his work to light a cigarette, and threw the match on the ground. The ground was oil-soakéd, and a fire ensued whieh destroyed the tanks and the oil therein. The North British & Mercantile Insurance Company paid the petroleum corporation $18,~ 371.38 to apply on the loss.…