Standard Oil Co. v. Murray
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. The defendant in error, Frank Murray, brought suit in trespass on the case ■against the Standard Oil Company for personal injuries received by him while in the service of George O. Newberry & Co. as an engineer at a certain building in the city of Chicago.
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In Error to the Circuit Court of the United States for the Northern District of Illinois. The defendant in error, Frank Murray, brought suit in trespass on the case ■against the Standard Oil Company for personal injuries received by him while in the service of George O. Newberry & Co. as an engineer at a certain building in the city of Chicago. The first count of the declaration charges that Murray was an engineer in the service of Newberry & Co. and in charge of a stationary engine; that the Standard Oil Company on the'7th day of May, 1896, sold to his employer a certain quantity of oil…
1Opinion of the CourtJenkins, Circuit Judge
1. There can be no recovery under the first count of the declaration. Murray’s employer, and not Murray, was the purchaser of the oil. There was no privity of contract between the Standard Oil Company and Murray, and a breach of that contract cannot be taken advantage of by him. Bank v. Ward, 100 U. S. 195, 25 L. Ed. 621.
2. The second count proceeds upon the ground that the oil was sold to Murray’s employer to be used by Murray in that service, as the Standard Oil Company knew; that the oil was of a vaporous and volatile character, likely to generate inflammable or explosive gas, as the oil…
2Cases cited6 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Goodlander Mill Co. v. Standard Oil Co.Court of Appeals for the Seventh Circuit · 1894
- Necker v. HarveyMichigan Supreme Court · 1883
- Bragdon v. Perkins-Campbell Co.Court of Appeals for the Third Circuit · 1898
- McCaffrey v. Mossberg & Granville Mfg. Co.Supreme Court of Rhode Island · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hasbrouck v. Armour & Co.Wisconsin Supreme Court · 1909
- Cincinnati, N. O. & T. P. Ry. Co. v. South Pork Coal Co.Court of Appeals for the Sixth Circuit · 1905
- Carter Oil Co. v. Independent Torpedo Co.Supreme Court of Oklahoma · 1924
- Crane Co. v. SearsSupreme Court of Oklahoma · 1934
- Black, Sivalls & Bryson, Inc. v. ShondellCourt of Appeals for the Eighth Circuit · 1949
15 more not listed; retrieve them via the Exa API.