Quaker Oats Co. v. Grice

Citations

• 195 F. 441
• 115 C.C.A. 343
• 1912 U.S. App. LEXIS 1392

Syllabus

<p>1. Explosives (§ 7*)—Dangebous Pmimikes—1jp.es—luAi«r,mr.</p> <p>Where a grinding mill and elevator used for the manufacture of mixed feed was allowed to become unsafe because filled with dust which would explode on the application of a spark or flame, and the owner could in the exercise of reasonable care have prevented the premises from becoming thus unsafe, and an explosion occurred causing a fire which was communicated to the property of an individual, the owner was guilty of actionable negligence, though the spark which fired the dust was produced by an intruder.</p> <p>I Ed. Note.—For other cases, see Explosives, Cent. Dig. § 3; Dec. Dig. i 7-*l</p> <p>2. Explosives (§ 7*)—Dangerous Premises—Fires—Diability.</p> <p>Where there is a device in common use and adaptable to the work in a grinding mill, which a mían of ordinary prudence would adopt to keep dust out of the air, the owner of the mill must install such a device, and failure to do so is actionable negligence, rendering him liable for a loss occasioned by an explosion of the dust.</p> <p>[Ed. Note.—For other cases, see Explosives, Cent. Dig. § 3; Dec. Dig. § 7.*]</p> <p>3. Explosives (§ 7*)—Actions—Verdict—General Verdict.</p> <p>Where the jury could find under the evidence that an owner of a grinding mill was guilty of actionable negligence in failing to install in the mill a device to keep dust out of the air, a general verdict against him for loss-of property by fire caused by an explosion of the dust was warranted, and his liability for the loss was sufficiently determined whether the fire that ignited the dust was caused by his negligence in allowing spontaneous combustion to be generated in its stored shives.</p> <p>[Ed. Note.—For other cases, see Explosives, Cent. Dig. § 3; Dec. Dig. § 7.*]</p> <p>, 4. Explosives (§ 7*)—Dangerous Premises—Evidence—Admissibility.</p> <p>Where, in an action for the destruction of property by fire caused by an explosion of dust in a grinding mill, the evidence sho