Ricupero v. Schair's Fuel Service, Inc.

This is an action in tort to recover for property damage allegedly caused by the defendant’s negligence in delivering fuel oil.

At trial, there was evidence tending to show that on October 7, 1975, the plaintiffs wife detected an odor of oil and discovered two inches of oil on the basement floor of the plaintiffs residence. Sixty-eight gallons of oil had been delivered on this date by “Schair’s Oil Company.” No oil had been ordered by the plaintiff, but it was the customary practice of the oil company to deliver fuel at its discretion to keep the plaintiffs tank full. The oil spillage resulted…