COMMERCIAL INSURANCE CO. OF NEWARK, N. J. v. FERGUSON

No. 18419.

285 F.2d 527 (1961)

COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY, Appellant, v. A. B. FERGUSON, and Maryland Casualty Company, Intervenor, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 18, 1961.


Attorney(s) appearing for the Case

John L. Pitts, Stafford & Pitts, Alexandria, La., for appellant.

Jack Rogers, William R. Tete, Rogers & McHale, Lake Charles, La., for appellees.

Before TUTTLE, Chief Judge, and BROWN and WISDOM, Circuit Judges.


PER CURIAM.

In this personal injury suit the appellant, against which judgment was rendered on a jury verdict, contends that the plaintiff's admitted conduct amounted to negligence as a matter of law and that such contributory negligence barred recovery. We disagree.

The plaintiff poured gasoline, which he took from a tank of defendant's assured which was marked "diesel," into a bucket and ignited it. An explosive fire followed, of course. After the fire had...

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