Tofano v. McIntyre

Lively, Püesident :

Demurrer to the declaration was sustained and the ruling certified here. The points of law raised are (1) whether the declaration states a cause of action; and (2) whether the declaration shows contributory negligence defeating recovery.

The declaration is in tort, charging that defendant was a retail merchant and plaintiff dealt at his store often purchasing therefrom kerosene, commonly called “lamp oil” and coal oil, which plaintiff used for lighting his home and starting fires in his stove, and for other domestic purposes, as was the custom in that neighborhood; that on…