Murray v. Paramount Petroleum Products Co., Inc.

The defendant’s appeal raises two principal questions. First, whether the trial court erred in instructing the jury that the plaintiff’s duty in the fulfillment of his contract obligations was “to exercise that reasonable degree of care, skill and efficiency in that position that a person skilled in that business and capable of managing it would exercise under all the circumstances.”

Defendant’s counsel requested the court to charge that “it was the duty of the plaintiff in the event that the defendant was suffering a loss of gas to use every means in his power to endeavor to detect the cause…