Jackson estimated it to be somewhat less. Their estimate of the time lapse from seeing the hose break loose until the explosion occurred was from forty to sixty seconds. The Alders ran out their back door to secure their two small children who were playing near the tank and as they reached the outdoors the area around their propane tank exploded into flames. Suddenly the hose came loose from the stationary tank and began to whip around spraying the house, garage and ground with liquid propane gas. Alder were in their living room at the time and saw Jackson drive in and prepare to effect the transfer. This tank was located about midway of the house and garage in question and about ten feet out from the house. The transfer was to be made from defendant's tank truck by a twenty-five foot hose into a stationary two hundred fifty gallon storage tank. Alder home to make a delivery of liquid propane gas.
The evidence discloses that about midday on January 13, 1953, defendant's employee Jackson drove to the Paul G. The jury awarded plaintiff insurance company $1,827.83 the Paul G. Alder were the occupants of the residence and garage damaged by the fire and were the owners of certain of the personal property destroyed by the fire. Alder and Meda Anna Alder were the non-resident owners of the real property located in Jefferson County, Colorado, and owned some of the personal property damaged or destroyed by the fire. Plaintiff Grange Mutual Fire Insurance Company, under a contract of insurance, paid part of the fire loss which arose and claims rights by subrogation. Plaintiffs' claims are for damages arising out of a fire caused by the alleged negligence of defendant in filling a farm home propane gas tank. Plaintiffs in error, plaintiffs in the trial court and hereinafter called plaintiffs or by name, seek review by writ of error of the judgment entered by the district court setting aside the verdicts of a jury and the judgment entered thereon, and entering judgment non obstante veredicto for the defendant. Bernstein, Denver, for defendant in error.
O'Connell, Denver, for plaintiffs in error. GOLDEN GAS COMPANY, Inc., Defendant in Error.Īs Modified on Denial of Rehearing, July 16, 1956. GRANGE MUTUAL FIRE INSURANCE COMPANY, Grover J.
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