Dubois ex rel. Dubois v. Luthmers
Supreme Court of Iowa
Appeal from Oelwein Superior Court. — IIon. D. M. Porter, Judge. Action at law to recover damages for personal injuries received by plaintiff due to an explosion of gasoline, which gasoline it is charged was delivered and put in a can not marked as required by law; and negligently delivered to plaintiff without informing her of the fact that it was gasoline. Defendants’ answer was in effect a general denial.
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Appeal from Oelwein Superior Court. — IIon. D. M. Porter, Judge. Action at law to recover damages for personal injuries received by plaintiff due to an explosion of gasoline, which gasoline it is charged was delivered and put in a can not marked as required by law; and negligently delivered to plaintiff without informing her of the fact that it was gasoline. Defendants’ answer was in effect a general denial. The case was tried to a jury, resulting in a verdict and judgment for plaintiff in the sum of $2,500. Defendants appeal.
1Opinion of the CourtDeemer, C. J.
Plaintiff claims that her mother sent her and her brother Guy, a boy of six years of age, to defendants’ store to buy ten cents worth of kerosene; that they took with them a dark red two-gallon can which did not have the word gasoline printed on it; that the children went to the defendants’ store, called for the kerosene, and that defendants, instead of putting kerosene into the can, put in gasoline and delivered it to the children, who took iit home with them in the can which they took to the store. After they had brought the can home, plaintiff, by the direction or consent of her mother,…
2Cited by8 opinions
- Stukas v. Warfield-Pratt-Howell Co.Supreme Court of Iowa · 1919
- McLawson v. Paragon Repining Co.Michigan Supreme Court · 1917
- Westcott v. Waterloo, Cedar Falls & Northern Ry. Co.Supreme Court of Iowa · 1915
- Bettinger v. Homer LoringSupreme Court of Iowa · 1914
- Chenoworth v. FlanneryCourt of Appeals of Texas · 1947
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