Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-07-25

that a static spark was produced"
continues the opinion,
TT was In evidence that gasoline
gives off a vapor at all temperatures
above four degrees above zero and
that its volatility increases with the
temperature and that the day Of the
accident was very hot one.
circumstances and conditions
having heen shown which, IL the tes-
timony in regard to them were be-
lieved by the jury, would furnish
ground for reasonable inference
that the gasoline vapor was ignited
by an electric spark generated as
claimed by the plaintiffs, it cannot
be said that the jury were forced to
base their conclusions upon infer
ences drawn from other differences
instead OF proven facts.
1T was sus ested that the vapor
of the gasoline might have been ig-
nited In some other way and as a
suggestion Of what might possibly
have been the cause of. its ignition
the defendant proved that the stor-
age tank was situated within few
rods of the railroad yard Of the Ban
gof & Aroostook Railroad, but there
was no proof that any engines were
being operated in this part Of the
yard at the time of the fire. There
was also testimony that the occu-
pant Of house nearby had just
started a fire with light burning
materials. and gasoline vapor being
heavier than air and sinking to the
ground. it was suggested that 1t
might have been ignited by spark
from the chimney Of this house and
TIL cd
the gasoline vapor in the tank.
1.-THE conclusive answer to these
suggestions, however, was that the
truck, who was upon 1t, testified
that his attention was first attracted
by an explosion within the tank and
that the first fire he saw was that
bursting from it through the man
hole. The jury must have found
that all other means of causing the
fire, except an electric spark, had
been eliminated, and we cannot say
as a matter of law that such find
ing was clearly wrong.
"There was substantial evidence to
support a finding of negligence be-
cause of the failure to use the safe
ty chain or some other device Tor
grounding the automobile truck.
This was strengthened by the uncon-
tradicted evidence that in all of the
stations of the Standard OIL Com
pany such a safety chain has been
in use; that it had had one fire, the
cause of which experts traced to the
of static electricity, and
that they were then informed that
safety device was necessary IN order
to ground the automobile trucks
when they were being filled.
"The filling pipe through which the
gasoline was flowing into the dellv-
ery truck fell to the ground and IT
was some time before the flow OF
gasoline through it was stopped:
This spread over the ground and
took fire, which rapidly spread. The
fire company of the town was sum-
moned, and upon their arrival the
firemen directed a stream of water
upon the flowing gasoline which, de-
PENDANTS claimed, diverted its course
toward the storehouse where pam
tiffs' goods were stored, although one
of the plaintiffs testified he arrived
before any line of hose had been laid
and water turned upon the gasoline,
and at this time the gasoline had
spread under the storehouse. 1t was
claimed by the defendants that this
action of the firemen constituted an
intervening cause when
was the proXimate cause of the de-
of the plaintiifs' goods.