Powell v. Standard Oil Company
| Decision Date | 16 July 1926 |
| Docket Number | 25,368 |
| Citation | 210 N.W. 55,168 Minn. 248 |
| Parties | LYLE J. POWELL v. STANDARD OIL COMPANY AND OTHERS |
| Court | Minnesota Supreme Court |
Action in the district court for Washington county to recover damages for personal injuries. The case was tried before Stolberg, J., and a jury which returned a verdict in favor of plaintiff. Defendants appealed from an order denying their motion for a new trial on condition plaintiff consented to a reduction of the verdict. Affirmed.
Verdict sustained by evidence.
1. Evidence examined and found to sustain the verdict. The record fails to show misconduct of a juror.
Mere objection to argument of counsel to jury presents nothing for review.
2. In the absence of a request for a ruling, a mere objection to remarks of counsel to jury in the argument does not present their effect for review upon appeal.
Verdict not excessive.
3. The damages awarded are not excessive.
Rulings on admission of evidence.
4. There was no prejudicial error in the rulings upon the admissibility of evidence.
Appeal and Error, 3 C.J. p. 891 n. 24; 4 C.J. p. 837 n. 89; p. 906 n. 44; p. 969 n. 56.
Damages 17 C.J. p. 1119 n. 28.
Explosives 25 C.J. p. 209 n. 98.
See note in L.R.A. 1915F, 30; 8 R.C.L. p. 274; 2 R.C.L. Supp. p. 638; 4 R.C.L. Supp. p. 567; 5 R.C.L. Supp. p. 480.
Orr, Stark & Kidder, for appellants.
Reuben G. Thoreen and Sullivan & Neumeier, for respondent.
Action to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant Standard Oil Company and its agent in placing gasolene and kerosene in plaintiff's tank upon his farm. There was a verdict of $30,000 in favor of plaintiff. Upon motion for a new trial, an order was made setting aside the verdict unless plaintiff consent to a reduction thereof to $25,000 in which case the motion was denied. The consent was filed and defendants appealed.
The appeal does not raise the question of defendants' negligence, yet a recital of some of the facts as disclosed by the evidence will be of assistance in considering the amount of damages.
Respondent was 34 years of age, married, had two children, lived upon a dairy farm about three miles out from Stillwater, kept 24 cows, hired but little help, doing nearly all of his own work. He used a great deal of kerosene and gasolene and for about five years had purchased all that he used from the defendant Standard Oil Company. His house faced east. There were three rooms down and three upstairs. The living room was in the southeast corner; the hall and stairway in the northeast corner; the dining room in the southwest corner, and the kitchen in the northwest corner. The latter was 13 feet square with an 8 foot ceiling. The garage was about 100 feet southwest of the house in which was a 55-gallon capacity steel drum, painted red. There was a 30-gallon capacity steel drum painted a blue gray a short distance northeast from the garage in which kerosene was kept.
On November 18, 1924, respondent requested the Standard Oil Company to fill his tanks with gasolene and kerosene. Mr. Thomas who usually made all deliveries to respondent was on a vacation and Mr. Jacobson for the first time made the delivery to respondent on the following morning. The truck tank had three compartments, one for kerosene holding 200 gallons, and two for gasolene of different grades. There was a separate faucet for each compartment. The kerosene compartment had been emptied on the afternoon of November 18. After refilling it, Jacobson drove to Madden's grocery store and delivered 100 gallons of kerosene. When he went to respondent's place, Powell pointed out the gasolene and kerosene drums and Jacobson proceeded to fill them from the truck tanks by use of a red five-gallon can. He delivered what purported to be 60 gallons of gasolene, putting 55 gallons in the red drum and 5 gallons in a truck which stood in the yard. He put what purported to be 20 gallons of kerosene in the 30-gallon drum which stood outside of the garage.
No oil was used from the kerosene drum until December 5, when respondent drew off 5 gallons and put it in his kerosene tractor tank. The tractor started easily and worked unusually well. At about 9 o'clock on the evening of that day, respondent filled a two-gallon can from the kerosene drum, went to the kitchen, filled his lantern, set it down near the kitchen door and placed the can on the floor near the reservoir at the end of the stove. The can had an opening at the top one inch in diameter and the cap was gone. It also had an open spout a little larger than a lead pencil.He then shut the doors to the kitchen and went to bed. It was his habit to rise early, light a fire in the kitchen stove and set about doing his chores before breakfast.
On the morning in question, he arose at 5:30 o'clock. It had snowed during the night. He was partly dressed, having on shirt, trousers and stockings but no shoes. He came downstairs, went through the living room, struck a parlor match on the top of the stove and a terrific explosion followed setting on fire his clothes, the furniture in the kitchen, and spreading through the lower rooms and to the top of the stairway. He was dazed, ran into the hallway and called to his wife and children. The heat was so intense and the smoke so thick they were unable to go down. Respondent went to the front door in an attempt to get out but found it locked and went back to the dining room in an attempt to get out through the kitchen door. He got onto the porch but because of the smoke could not find his way out. At this time the hired man broke a window, unlatched the door, helped respondent out into the snow and there extinguished the fire in his clothing. They then procured a ladder and helped Mrs. Powell and the children out. Neighbors came quickly and took respondent to the hospital arriving there between 6 and 7 o'clock. Dr. Kalinoff was summoned and responded before 7 o'clock.
It appears from the uncontroverted testimony that, during the evening prior to the accident, a hot fire was had in the range; that the reservoir was full of water; that the kitchen was warm; that the fire went out about 7 o'clock; that a few sticks of wood were placed in the stove at that time; that after the explosion the lids of the stove were in proper place and the wood undisturbed; that, as the result of the explosion, a large amount of plastering was knocked off the ceiling and the can containing the kerosene was torn to pieces. It also appears that a sample of the fluid taken from the 30 gallon drum was about 20 per cent gasolene. However it was charged upon the trial that the brothers of respondent placed gasolene in the drum for the purpose of making a case against the defendants. There was no proof offered in support of such charge but it is evident that the accusation caused some pretty sharp thrusts between counsel.
Dr Kalinoff testified that he graduated in medicine and surgery from the Michigan University in 1901; that he had been in general practice at Stillwater for 23 years; that he had known plaintiff for 10 years; that he was called on the morning of December 6th and went to the hospital between 6 and 7; that when he first saw plaintiff he did not recognize him; that he was badly burned; that in some places the burns were third degree, some second degree and some first degree; that by first degree is meant a slight burn where the skin will repair itself and leave no scar; that second degree is where the skin is burned, will repair itself but leave a scar; that third degree is where the skin is entirely destroyed and possibly the flesh is burned so that in healing there will be a great scar left; that he dressed plaintiff's burns, covering them with salve, gave patient opiates to relieve him from pain; that his whole face, head, eyes, ears, hair, neck, the arms to the elbow, hands, fingers, the feet to about four inches above the ankle, above and below the knees, and on the knees were covered with bandages; that some of his finger nails and toe nails were burned entirely off and some came off later; that he treated plaintiff until February, dressed him twice a day by removing the old and applying new dressings; that during the process of changing, while the flesh was exposed to the air, it was very painful; that during the first three or four weeks there was a great deal of sloughing, that is, the part which was burned gradually dying away, little by little; that around the fingers, ears, forehead and nose the burns were of the third degree; that the arms, feet and legs were of the second degree; that the skin on the bottom of his feet all came off about a quarter of an inch thick; that the patient was in a delirious state during the first three weeks; that he saw him once or twice every day; that when he talked with him he apparently answered questions and knew what he was saying but could not remember; that he was in a stupor like, not able to comprehend, due to the absorption of poison from the burns; that the burned, rotten flesh was absorbed into the system which intoxicated him, causing poison just like using alcohol or any other intoxicating liquors; that it absorbed into the blood through the entire body and to the brain; that this condition continued more or less during the first three weeks; that it was his opinion that the injuries around the ankles, arms, forehead, ears and nose were permanent; that the rim of his ears, tip of his nose were entirely burned off and the mucous membrane, the covering or lining of the nose, was entirely destroyed; that the other scars will remain and possibly contract and show more; that a normal skin has not formed on his ankles; that a permanent scar remains and is...
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