WADZINSKI v. CITIES SERVICE OIL CO.


275 Wis. 84 (1957)

WADZINSKI and others, Appellants, vs. CITIES SERVICE OIL COMPANY, Respondent.

Supreme Court of Wisconsin.

February 5, 1957.


Attorney(s) appearing for the Case

For the appellants other than hereinafter noted there was a brief by Peickert, Anderson & Fisher of Stevens Point; for the appellant British American Insurance Company there was a brief by Wolfe, O'Leary & Kenney of Milwaukee; and for the appellant Central State Telephone Company there was a brief by Reiland & Schmidt of Wisconsin Rapids, and oral argument by Clifford Peickert, H. O. Wolfe, and Donald E. Reiland.

For the respondent there was a brief by Toebaas, Hart, Kraege & Jackman of Madison, attorneys, and W. J. Conway of Wisconsin Rapids of counsel, and oral argument by Mr. W. L. Jackman and Mr. Conway.


MARTIN, C. J.

The creamery building was located on the northwest corner of an intersection in the village of Pittsville. A gasoline tank, capacity 385 gallons, was located underground at the southeast corner of the building about four feet from the building and 20 to 25 feet south of the nearest wall of the basement. Above the tank was a gasoline pump of the type used in filling stations, which metered the gasoline dispensed from it.

Beneath the northern part...

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