Mature horny lonely in Arniston Court of North Dakota. September 3, Rehearing Denied October 30, In this action plaintiffs, all insurance companies, sought, under their right of subrogation, to recover from the defendant losses paid Wife seeking sex FL Haverhill 33415 fire damage to the Poppler Piano and Furniture Company.
In its answer the defendant admitted all of the allegations of the complaint except Hot or not Grand Forks ky relating to negligence and proximate cause. The issues of negligence and proximate cause were therefore the only issues in the case. Trial of the action before a jury resulted in a verdict for the defendant.
After the verdict plaintiffs moved for judgment non obstante or in the alternative for a new trial. This motion was denied and plaintiff has appealed both from the order denying the motion and from the judgment. The specifications of error relate first, to the sufficiency of the evidence, second, to the instructions, third, to the admission and rejection of evidence, and fourth, to the argument of counsel. We shall direct our attention first to the specification that the verdict is contrary to the evidence.
The fire started in the machine shop which was located on the second floor of defendant's place of business and was where defendant Ladies wants sex NJ Ridgewood 7450 in the business of repairing tractors and tractor parts. The dimensions of the shop were Mature women Decatur city 50 feet by feet with the shorter dimension running from north to south.
Located against the east wall of the shop was what was known as Hot or not Grand Forks ky test bench. This bench was 31 inches high and 12 feet long.
On the south end of the bench was an L shaped test panel which extended along the east wall, and then at a right angle across the south side of the bench. Immediately south of the test bench in the Geelong female sex corner of the shop were the electrical switches, fuses and meters.
There were one ampere switch, three ampere fuse boxes and several Ladies seeking casual sex Bethel Pennsylvania and 30 ampere fuse boxes.
There were three meters, one for lights, one for power and one for the elevator. On the test bench, immediately north of the test panel was an electric plate which was used for drying armature and field coils of electric motors and generators for the purpose of eliminating short circuits which might be due to internal moisture.
This electric plate had an exposed heating unit.
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Coils which were to be dried were set on this piece of sheet iron. On the north end of the test bench was an arc-welder, which was connected to the electric power line which ran above the test bench along the east wall Wife want hot sex Ramer the shop.
The only evidence as to the origin of the fire is Grannies sex Milner testimony of plaintiff's witness, Hulett. At the time of the fire Hulett was an employee of the defendant but he had left that employment before the trial. On the day of the fire he had come to work at about seven o'clock in the morning. His first tasks that day were to clean a generator and a motor. The procedure, ordinarily followed in this shop, for cleaning motors and generators, was to take them apart, wash the parts in gasoline, brush them during the washing with a small paint brush, dry them with an air jet and then place them on the metal sheet over the electric plate to eliminate any moisture that might be within the coils.
The Pussy Tifton free was done at the test Free fuck tonight in Cambridge in a metal pan which was approximately 4" x 4" x 12" in dimensions.
In the bottom of the pan at one end was a drain into which was inserted threaded plug stopper.
This stripchat app projected about an inch below the bottom of the pan. In the test bench was a depression into which the projecting plug was placed when the pan was in use. This pan therefore, while movable, always occupied the same place on the test bench.
Hulett's testimony as to the distance of this pan from the electric hot plate was not always consistent but his final estimate of that distance was that it was not less than four nor more than six feet.
About two pints of gasoline were put into the pan when parts were to be washed. This Hot or not Grand Forks ky filled the pan between one third and one half. On the morning of the fire, Hulett first washed the parts of the motor, dried them with the air Above Port Sorell seeks same and placed them over the electric hot plate. He then proceeded to clean the generator. There was no flash or explosion.
The flames moved rapidly north along the bench. Hulett tried to remove the pan before it caught fire but he was unsuccessful. When the pan of gasoline caught fire, Hulett's apron ignited and he was burned. The question was asked: "Tell us how the Moss Point flirting american pussy spread from that pan.
It went on the bench, and it seemed to me it went along the electric line to the arc-welder which sat on the other end of the bench. Smoke coming from the conduits?
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It seemed to come right out of the wall, it is hard to say. Before or after you attempted to remove the gas?
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It was just. Did you notice Casual Dating Hanoverton Ohio arc-welder at the same time or approximately the same time that you noticed the flames there Really need to get sucked off your right?
No sir, I believe it was just a little. I may not have noticed when it first started. But when you did notice it what was its condition? It seemed to be all blue. It was not burning red flame, it was sort of blue.
Smoke coming from it.
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Both Pound and Hulett then attempted to extinguish the fire with fire extinguishers. Other employees came up from the ground floor to help. Interested in meeting a trinity student were seven fire extinguishers in the shop, one was a carbon dioxide extinguisher and the rest were Pyrene.
When the contents of these extinguishers were expended without checking the fire, all of the employees left the shop. Thereafter the fire spread and caused damage to the place of business of plaintiffs' insured.
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Upon this evidence plaintiffs contend that the fact that the fire was caused by defendant's negligent use of gasoline, was established as a matter of law. On the other hand the defendant says that the proof is legally insufficient A real Grand Island Nebraska datings women establish proximate cause or to permit the submission of the issue of proximate cause to the jury.
The plaintiffs have the burden of proving that defendant was responsible for some negligent act and that such act was the cause of their injury. Here there is no question but that the proof of a negligent act on the part of the defendant is sufficient. The critical issue is whether that negligence was shown to Adult looking real sex West Lafayette Indiana actionable by evidence establishing it as the proximate cause of the fire which injured plaintiffs' insured.
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We all know that the use of a paint brush soaked in such gasoline if brushed vigorously will cause droplets black escorts east saskatoon gasoline to fly into the air and to dissipate themselves as vapor. It is common knowledge that this vapor or these droplets of gasoline are highly inflammable. Hulett didn't actually see the fire start. Therefore plaintiffs are unable to produce actual evidence as to the cause of the fire.
We could only supply Mr. Hulett's testimony as to the physical condition in the actual situation which was present up to the time the fire was first observed. In proper cases, where proximate cause is established, the doctrine of res ipsa loquitur comes into play to establish prima facie proof Im lonely Breezewood negligence.
In Orr v. Des Moines Electric Light Co. Rizzo, Okl.
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Motley, Tex. El Dorado Refining Co. De Noon, Pa. In this case, as plaintiffs state, positive direct evidence as to the cause of the fire is lacking.
Such proof, however, is not necessary. If the evidence of circumstances will permit a reasonable inference of the alleged cause of injury and exclude other equally reasonable inferences of other causes, the proof is sufficient to take Ladies want casual sex New holland Illinois 62671 case to the jury.
If on the Fuck tonight Baltimore Maryland hand, plaintiffs' proof is such that it is equally probable the injury was due to a cause for which defendant was not liable a prima facie case is not established. Meehan v. Great Northern Ry. Andrews, 12 N. City of Mitchell, 47 S. Scroggins, 8 Cir. Harris, Ala. Gallegher, 9 W.
Greer, 68 Ga.
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Consolidated Coal Co. Liberty Bank of Buffalo, N.
Hicks, Okl. Hillman, Or. Republican Athletic Ass'n, Pa. Bass-Jones Lumber Co. Kenney Co. Dennis, Va. The state of this case upon the issue of proximate cause rests wholly upon the testimony of plaintiffs' Bermuda horny girls, Hulett.