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O'BRIEN v. STANDARD OIL CO. OF KENTUCKY

No. 5728.

38 F.2d 808 (1930)

O'BRIEN v. STANDARD OIL CO. OF KENTUCKY.

Circuit Court of Appeals, Fifth Circuit.

March 11, 1930.

Attorney(s) appearing for the Case

William M. Toomer, of Jacksonville, Fla. (Snyder, Henry, Thomsen, Ford & Seagrave, of Cleveland, Ohio, De Witt T. Deen, of Daytona, Fla., and W. M. Toomer, of Jacksonville, Fla., on the brief), for appellant.

Martin H. Long, of Jacksonville, Fla., for appellee.

Before BRYAN and FOSTER, Circuit Judges, and SIBLEY, District Judge.

SIBLEY, District Judge.

Mrs. O'Brien sued the Standard Oil Company for the negligent killing of her husband, William G. O'Brien. A verdict for the defendant was directed in the District Court. Without substantial dispute it was proven that the appellant's husband drove his automobile into a filling station of the defendant and upon the hydraulic rack which was used to elevate cars so that the oil might be conveniently drained, and gave order that the oil be changed...

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