F. C. Haab Co. v. Peltz Street Terminals, Inc.

Opinion by

Mr. Justice O’Brien,

The plaintiff appeals from the order granting a new trial after a verdict of a jury in favor of the plaintiff.

The defendant owns and operates an oil terminal on the SchuylMll River. Oil is delivered to the terminal by barge and is stored in tanks from which it is dispensed to tank vehicles. The oil owned by the tenants is co-mingled. The grade and quality of the particular types of oil is kept separate, but co-mingled as to the ownership. The defendant’s operation is known as thruputting.

The plaintiff, a fuel oil distributor and one of defendant’s tenants, sued…