Albo v. Shamrock Oil & Gas Corp., 21234
| Citation | 415 P.2d 536,160 Colo. 144 |
| Decision Date | 31 May 1966 |
| Docket Number | No. 21234,21234 |
| Parties | Katherine ALBO, Plaintiff in Error, v. SHAMROCK OIL AND GAS CORPORATION and Ward Transport, Inc., Defendants in Error. |
| Court | Supreme Court of Colorado |
Seavy & Seavy, Pueblo, for plaintiff in error.
Tilly & Skelton, Denver, for Shamrock Oil and Gas Corp.
Wormwood, O'Dell & Wolvington, Richard W. Laugesen, Jr., Denver, for Ward Transport, Inc.
In the trial court Katherine Albo commenced an action against the above named defendants in error to secure damages for the alleged 'wrongful death' of her husband Anthony Albo. The parties will be referred to as they appeared in the trial court. The defendants filed separate motions to dismiss the amended complaint, on the ground, Inter alia, that it failed to state a claim for relief.
In substance, the facts set forth in the complaint are as follows: Katherine Albo is the widow of one Anthony Albo who died April 27, 1960. Prior to, and on April 14, 1960, Anthony Albo and Joe Albo operated a filling station in Pueblo, Colorado. The defendant Ward Transport Incorporated delivered to the Albo station what was supposed to be gasoline which had been obtained from the defendant Shamrock Oil and Gas Corporation. The defendants 'negligently, carelessly and recklessly permitted the gasoline ordered by Joe Albo and Anthony Albo' to become mixed with water, 'which fact was known, or should have been known, to said defendants and which was unknown to Joe Albo or Anthony Albo.' The defendants knew that the product delivered to the Albos and placed in their tank was to be sold to customers for the purpose of motor fuel, and they further knew that gasoline mixed with water would not properly power an automobile engine. The Albos placed the fluid delivered by the defendants in automobiles of customers, thinking that it was gasoline and suitable for use as a motor fuel. In the process of attempting to satisfy a customer who complained about the failure of the 'gasoline' Anthony Albo discovered that the produce delivered by the defendants was a mixture of gasoline and water. Thereupon Anthony Albo,
'* * * directed one of his employees, Merlin Langdon, to drain gasoline from the tank of the automobile of one such motorist, a Mrs. Schwartz, and that while said tank was being drained fumes therefrom settled to the floor and seeped over to a hot water heater burner installed upon the premises resulting in...
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Garcia v. Colo. Cab Co.
...wrongdoer of liability." Deines v. Atlas Energy Servs. , LLC , 2021 COA 24, ¶ 14, 484 P.3d 798 (citing Albo v. Shamrock Oil & Gas Corp. , 160 Colo. 144, 146, 415 P.2d 536, 537 (1966) ). ¶ 41 But the fact that an intervening cause is an intentionally tortious or even criminal act doesn't nec......
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...omitted.) W. Prosser, Supra, § 51 at 311, 312. See Schmidt v. United States, 10 Cir., 179 F.2d 724; Albo v. Shamrock Oil and Gas Corporation, 160 Colo. 144, 415 P.2d 536; Chartier v. Winslow Crane Service Co., 142 Colo. 294, 350 P.2d 1044; Tucker v. Dixon, 144 Colo. 79, 355 P.2d We hold, un......
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...is the principle of intervening cause. See, e.g., Calkins v. Albi, 163 Colo. 370, 431 P.2d 17 (1967); Albo v. Shamrock Oil and Gas Corp., et al., 160 Colo. 144, 415 P.2d 536 (1966). However, in this case the evidence was uncontradicted that the decedent was shot and killed by Officer Lines.......
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Deines v. Atlas Energy Servs., LLC
...act becomes the proximate cause of the plaintiff's injury, relieving the wrongdoer of liability. Albo v. Shamrock Oil & Gas Corp. , 160 Colo. 144, 146, 415 P.2d 536, 537 (1966). But an intervening act of a third party — even an intentionally tortious or criminal act — does not immunize the ......