Kentucky Independent Oil v. Schnitzler, Administrator

Opinion of the Court by

Judge Dietzman

Affirming.

Thomas Burnside had for a long time conducted a country store at Visalia, a hamlet in Kenton county, Kentucky, from which he sold coal oil to his trade. For that purpose he had in a row just outside the door of his store three cylindrical tanks of fifty-five gallons capacity each; Burnside handled no gasoline and only kerosene of the best grade which he purchased from both the Standard Oil Company and the Kentucky Independent Oil Company, appellant herein. This oil was delivered to him by these companies from tank wagons. On October 12, 1921, the…