Nickolopolus v. Frank

The testimony on the part of plaintiff tended to show that when they were filling the cigar lighter defendants’ servant, Gavin, held back the trip or lever of the cigar lighter to free an opening therein to insert the gasoline, and that he carelessly let the trip or sparking mechanism fly back and ignite the gasoline; that plaintiff néver smoked or worked in a cigar store and was not familiar with a cigar lighter, and did not know of the danger of its setting the fire or causing an explosion, and that Gavin gave him no warning or information that the cigar lighter, when so manipulated, was a…