Waters-Pierce Oil Co. v. Deselms
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. The facts are stated in the opinion. The plaintiff’s case is not made by showing the negligent admixture and his purchase of a portion of.that mixture. He also takes the burden of proving it to have been the efficient cause of the fire; that the accident would not have happened if the oil had not had the gasoline in it; and that the accident is the result of its super-inflammability. Haff v. Minneapolis & St. Louis Ry.
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. The facts are stated in the opinion. The plaintiff’s case is not made by showing the negligent admixture and his purchase of a portion of.that mixture. He also takes the burden of proving it to have been the efficient cause of the fire; that the accident would not have happened if the oil had not had the gasoline in it; and that the accident is the result of its super-inflammability. Haff v. Minneapolis & St. Louis Ry. Co., 14 Fed. Rep. 558; Willoughby v. Chicago & N. W. Railway, 37 Iowa, 432; Kelsey v. Jewett, 28 Hun, 51; Central R. R.…
1Opinion of the CourtJustice White
Deselms sued the Waters-Pierce Oil Company to recover damages for the death of his wife and two ¿dung children, re-' suiting from an alleged explosion-of a highly inflammable and explosive substance, consisting of a mixture of coal oil and gasoline. The mixture, it was alleged,, had been bought by Deselms as coal oil from dealers who supposed it to be such, although their vendor, the oil company, knew the dangerous character of the article and yet had sold it as coal oil. The oil company answered by a general* denial, and specially pleaded that if the accident in fact occurred it was caused…
2Cases cited8 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Savings Bank v. WardSupreme Court of the United States · 1880
- Lincoln v. PowerSupreme Court of the United States · 1894
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- The G. R. BoothSupreme Court of the United States · 1898
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- Ash v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Smith v. WelchCourt of Appeals for the Tenth Circuit · 1951
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