Gulf Refining Co. v. Williams Sup. Ct. Of Miss.,

183 Miss. 723, 185 So. 234 (1938)

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Nature of the Case

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Facts

Gulf Refining Co. (D) sold a drum of gasoline for use in Williams (P) farm tractors. The drum was taken to the field for use and P removed the bunghole cap from the drum to refill his tractor. There was a sudden burst of fire. P sued D for negligence because of his severe burns that he sustained. P blamed the accident on the condition of the drum cap which gave rise to a spark. The jury justifiably concluded from the evidence that the fire was produced from a spark which was in turn produced by the condition of unrepair in the threads of the bung cap. The jury gave the verdict to P and D appealed; the fire from the cap was an unusual, extraordinary, and improbable event.