Evans v. Hoggatt
Evans v. Hoggatt
Opinion of the Court
The opinion of the court was delivered by
This action was commenced by the defendant in error in the district court of Montgomery county to recover from the plaintiffs in error the damages he sustained in being burned with gasoline escaping from an exploding fire-pot which was being operated by Boyle, an employee of Evans. The facts show that Boyle was putting a tin roof upon a portion of a house, and that the defendant in error and others were putting a shingle roof upon other portions of the same house. Hoggatt was about six or eight feet from the fire-pot, and about in line with
The jury returned a verdict against the plaintiffs in error in the sum of $238.50, and judgment was rendered for that amount; which judgment plaintiffs in error ask to have reversed.
The only contention of the plaintiffs in error is that the verdict is not sustained by sufficient evidence and is contrary to law. There was considerable evidence tending to show that Boyle, in placing tin around the fire-pot, adopted the usual and ordinary way of protecting the flame in a gasoline fire-pot from the effect of the wind. The evidence shows that Boyle knew the explosive character of gasoline when heat is applied to it. We think the jury were justified in finding that Boyle was negligent in placing new tin in the place where shingles had been ignited, and so close that it was heated until it changed color, and so close to the can containing the gasoline that the heat would be reflected to it.
A careful examination of the evidence shows, also, that the jury were justified in finding that Boyle was reckless and careless in his management of the fire-pot. His own testimony shows that after being
We think there was sufficient evidence to sustain the verdict, and the judgment of the district court is affirmed. ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.