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BABLER BROS. v. PAC. INTERMOUNTAIN EXPRESS CO.

244 Or. 459 (1966)

415 P.2d 735

BABLER BROS., INC. v. PACIFIC INTERMOUNTAIN EXPRESS CO.

Supreme Court of Oregon.

Reversed and remanded June 15, 1966.

Petition for rehearing denied October 18, 1966.

Attorney(s) appearing for the Case

Kaye C. Robinette and John Gordon Gearin, Portland, argued the cause for appellant. With them on the briefs were McColloch, Dezendorf & Spears, Portland.

Loren H. Russell, Salem, argued the cause for respondent. With him on the brief were Mautz, Souther, Spaulding, Kinsey & Williamson, and Wayne A. Williamson, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and HAMMOND, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

This is an action for damages sustained when gasoline exploded while being discharged from defendant's truck into plaintiff's storage tank. The trial court, sitting without a jury, found for plaintiff. Defendant appeals.

Babler is a highway-construction company; defendant is a common carrier. Shell Oil Company, not a party in this litigation, sold gasoline to Babler. Babler's storage tank was furnished by Shell. Shell...

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