O'Brecht v. Cedar Rapids Oil Co.
O'Brecht v. Cedar Rapids Oil Co.
Opinion of the Court
The action is bottomed on negligence, and the negligence charged consists:
(1) In that the gasoline was kept in a metal storehouse.
(3) In rolling the barrel into the implement house and there removing the bung and releasing the gas, while the usual and proper way would have been to have carried it from the store in buckets.
(4) In that the barrel was too full.
(5) That the defendant Oil Company had never instructed Barth how to handle high test gas so as to avoid an explosion.
The cause was tried to a jury. At the conclusion of the evidence, the court instructed the jury to return a verdict for the defendants. A verdict was returned, and judgment entered upon the verdict. Plaintiff appeals, and contends that the cause should have gone to the jury; that the court erred in instructing a verdict for the defendants.
To sustain plaintiff’s claim, two things must appear: (1) That the acts charged constitute negligence; (2) that this negligence was the proximate cause of the fire which destroyed plaintiff’s buildings.
Considering the grounds of negligence relied upon in the order in which they are presented, we have to say that there is absolutely no evidence that the defendant is guilty of any negligence in storing its gasoline in a metal storehouse. The evidence rather tends to show that it is the usual, ordinary, and safe method of storing it.
There is no evidence that this gas was high test. The evidence is that it was not high test gas. The charge in the fifth division is that Barth was never instructed how to handle high test gas so as to avoid an explosion. It is not claimed that any instructions are necessary where it is not high test gas.
That the barrel was opened in the usual and ordinary way and in the proper way, is not controverted. The question is: Was the defendant negligent in opening it and attempting to empty it into the tank after the conditions had been produced and existed in the barrel as the natural result of the rolling? And next, Were the consequences that followed due to the condition of this oil in the barrel, and did the fire follow as- a proximate result of such condition upon the opening of the barrel ?
The record discloses that at no time on this day did the temperature exceed 76 degrees Fahrenheit. The plaintiff’s testimony tends to show that gasoline vaporizes readily; that it combines with the air at practically any temperature readily; that, if the temperature is raised, it
Another witness testified that there could never be a flame from gas escaping from a crack or vent in one of these drums when the pressure would not be sufficient to burst the drum; that there could not be a flame without external fire or flame.
In fact, all the testimony offered both by the plaintiff and the defendant shows that spontaneous combustion could not follow and produce flame and fire under the con
The evidence is undisputed that, at the time Barth undertook to empty this gasoline, there was no fire anywhere about the place. The question then arises: Was the fire that destroyed these buildings traceable to the manner in which the oil was handled, or to the manner in which Barth attempted to empty it into the tank, as its proximate cause?
There is evidence that one Murray, an employee of the plaintiff’s, was present at the time the gasoline was .being turned into the tank; that he had a cigarette in his hand; that he was under the influence of liquor; and that, about the time the gasoline started fairly running into the tank, someone struck a match. Negativing this, however, there is testimony that no match was struck, or, at least, that no one saw a match struck. So, upon this point, there might well have been a question for the jury. But we have to say that the evidence is uncontroverted that spontaneous combustion could not take place under the conditions that attended the emptying of this barrel. Plaintiff’s whole contention rests on the theory that the handling of the barrel produced a condition in the barrel which, in attempting to empty the barrel, produced spontaneous combustion, from which the fire followed that produced the injury. It positively appearing that spontaneous combustion could not follow, the question arises: What caused the fire? As there was no fire or light or flame in the building when defendant' Barth took the barrel in, something must have happened which brought about the condition which produced the fire and destroyed the building. What it was, if no match was struck, does not appear. It must, then, have been caused by the intervention of some independent agency hot known to or controlled by these defendants; an agency intervening which they could not and had no reason
Some question is made about the introduction of evidence, but we have examined these points, and find no ground for reversal there.
Upon the whole case, we find that the court was right in directing the jury to return a verdict for the defendant because of a failure of proof of the issue that the fire was due and traceable directly to the acts of the defendant as its proximate cause. The case is, therefore, — Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.