Kreager v. Blomstrom Oil Co.

GERKEN, Circuit Judge.

Plaintiff, Harold Kreager, alleged in his complaint that he is the owner of a commercial crop spraying service in Kennebec, Lyman County. On July 26, 1977, while plaintiff was attempting a take-off from his airstrip, the engine failed. In the course of an emergency landing the plane crashed, resulting in damage to the plane, together with other consequential damages. Plaintiff alleged that the engine failure was caused by the presence of water in the fuel supply, the fuel having been purchased from defendant Blomstrom Oil Company (Blomstrom) and having been sold and…