Riggs v. Standard Oil Co.

Citations

• 130 F. 199
• 1904 U.S. App. LEXIS 4797

Syllabus

<p>1. Negligence — Dangerous Articles — Liability oe Manufacturer.</p> <p>A manufacturer who places on the market an article which is dangerous under the name of one which is not dangerous may be liable for an injury resulting to a purchaser from its use in the manner in which it is intended to be used, although such purchaser did not buy from the manufacturer, and there is no direct contractual relation between them.</p> <p>2. Same — Acts of Agents — Liability of Principal.</p> <p>One employed by a refining company to sell and distribute oil to customers, being paid by a commission on the amount of sales, is an agent or servant of the company, which is liable for acts of negligence in the conduct of the business on the part of the agent or others employed by him.</p> <p>3. Same — Action for Personal Injury — Question fob Jury.</p> <p>There can be no recovery against a manufacturer of kerosene oil purchased by plaintiff from a dealer for an injury resulting to plaintiff from its explosion, claimed to have been due to its being mixed with gasoline, which reduced it below the legal standard of safety, where there is no direct evidence of such mixture, or whether, if there was, it occurred before or after the delivery of the oil by defendant to the dealer, and where the circumstantial evidence afforded no ground for determining such questions except by conjecture; and such evidence does not warrant the submission of the case to the jury.</p> <p>4. Same — Contributory Negligence — When Question for Court.</p> <p>On an issue as to contributory negligence, if there is no dispute as to the facts and the circumstances surrounding the facts, it is the duty of the court to determine the issue as a matter of law, and to instruct the jury accordingly.</p> <p>5. Same — Pouring Kerosene Oil from Can on Live Coals.</p> <p>Plaintiff poured kerosene oil from a can on wood and kindling in a stove in which she knew there were live coals, and there was an explosion of the can, resultin