Elbers v. Standard Oil Co.

Kiley, J.,

specially concurring:

I agree that the record justifies but one conclusion as to the relationship between Fraser and the Company. Fraser was a tenant of the Company. Plaintiff’s theory that the Company controlled the lift, therefore, falls. Gulf Refining Co. v. Brown, 93 F. (2d) 870; Gulf Refining Co. v. Fox, 11 F. Supp. 425; Ashland Refining Co. v. Fox, 11 F. Supp. 431, are not inconsistent with this conclusion.

The shortage of oil in the lift was the proximate cause of plaintiff’s injury. The rule is that a landlord is liable where a dangerous condition, proximate cause of the…