Miller v. Gabbert

The opinion of the court was delivered by

Thiele, J.:

This was an action by the widow and son of Jonas Miller for damages for his wrongful death as the result of a fire which occurred at his filling station in Mankato. From a judgment in favor of plaintiffs the defendants appeal, the assignments of error including a number raising the sufficiency of the evidence to sustain a cause of action and the judgment rendered.

For our purposes it may be said the petition charged that the defendant J. B. Gabbert, doing business as J. B. Gabbert Oil Company, was duly licensed as a motor carrier and held a…