PEOPLES SUPPLY, INC. v. VOGEL-RITT OF PENN-MAR-VA., INC.

No. 7949.

273 F.2d 933 (1960)

PEOPLES SUPPLY, INC., a corporation; American Central Insurance Company, a corporation; Camden Fire Insurance Association, a corporation; Fidelity-Phenix Fire Insurance Company, a corporation; Insurance Company of North America, a corporation; and The Millers Mutual Fire Insurance Company, a corporation, Appellants, v. VOGEL-RITT OF PENN-MAR-VA., INC., a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 4, 1960.


Attorney(s) appearing for the Case

Clarence E. Martin, Jr., Martinsburg, W. Va. (James M. Mason, III, Charles Town, W. Va., on brief), for appellants.

J. Sloan Kuykendall and Thomas V. Monahan, Winchester, Va. (Decatur H. Rodgers, Jr., Rice, Hannis & Rodgers, Martinsburg, W. Va., and Henry H. Whiting, Winchester, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.


SOPER, Circuit Judge.

On May 17, 1957, at approximately 8:30 A. M., a flour mill of the Peoples Supply, Inc., Charles Town, West Virginia, was destroyed by fire. The catastrophe was apparently caused by negligently placing a bucket of petroleum jelly called "protopet" on an electric heater to soften it for use in sealing the windows of the mill building so that it might be fumigated with methane, a deadly gas, for the extermination...

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