Yommer v. McKenzie

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• determining that the placement of “a large underground gasoline tank in close proximity to the appellees’ residence ... is not a matter of common usage”
• recognizing cause of action under § 520 of the Restatement (Second) of Torts
• applying strict liability rule of Rylands v. Fletcher, L.R. 1 Ex. 265 (1866), aff’d, L.R. 3 H.L. 30 (1868), to storage of large quantities of gasoline immediately adjacent to private residence
• applying strict liability to storage of “large quantities of gasoline immediately adjacent to a private residence”
• storage of large quantities of gasoline adjacent to a private residence is subject to strict liability
• “We accept the test of appropriateness as the proper one: that the unusual, the excessive, the extravagant, the bizarre are likely to be non-natural uses which lead to strict liability.”

Source: CourtListener parenthetical corpus (CC0).