[DOWNLOAD] "Town Kirklin Et Al. v. Everman" by 437. Supreme Court of Indiana No. 27 # eBook PDF Kindle ePub Free

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eBook details

• Title: Town Kirklin Et Al. v. Everman
• Author : 437. Supreme Court of Indiana No. 27
• Release Date : January 28, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

FANSLER, J. ON PETITION FOR REHEARING. A petition for rehearing redirects our attention to certain instructions which are clearly erroneous, but which were not referred to in the original opinion for the reason that it was thought that they were directed to the second paragraph of the complaint, and that they could not have affected the result under the first paragraph, and that therefore the error in giving them was harmless. They were not referred to, since no good purpose would have been served by multiplying the reasons why a recovery upon the second paragraph could not be sustained. But it has been thought necessary to reconsider the question of the effect of these instructions in connection with the first paragraph of complaint. By the principal instruction involved, the jury was told that the rules adopted by the State Fire Marshal, regulating the installation and maintenance of storage tanks for gasoline, are the law of this state, and that if the defendants or either of them buried a tank contrary to the rules of the State Fire Marshal, and kept gasoline stored therein, such action was negligence per se, and that if such negligence proximately caused the injury the plaintiff should recover. The rules were introduced in evidence, and they provide that the tops of all gasoline storage tanks shall be at least three feet below the surface of the earth and below the level of the lowest pipe into the building to be supplied. There was evidence that the tank involved in this case was installed less than three feet below the surface.

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