Watson v. Ky. & Ind. Bridge & Ry Co.

Plaintiff alleged that he was injured by the explosion of gasoline that escaped from a railroad tank car which had been derailed as a result of the defendants’ negligence. The gasoline flowed into a street, filling gutters and standing in pools. Charles Duerr threw a match into a pool of gasoline, causing the explosion which injured the plaintiff. The evidence as to why Duerr threw the match into the gasoline was conflicting. Duerr’s story was that he had lighted a cigar and threw the match away, unaware of the presence of the gasoline. There was other evidence that he had deliberately thrown the match into the gasoline to ignite it. The plaintiff’s position was that several defendants (of which Duerr was not one) were liable for the plaintiff’s injuries, notwithstanding the act of Duerr. The trial judge granted the defendant’s motion for directed verdict at the close of the evidence, and this appeal is by the plaintiff from the judgment of the defendant.