
    Andrew W. Rath et al., Respondents, v. The Texas Company, Appellant.
    (Argued March 3, 1925;
    decided March 31, 1925.)
    
      Negligence — destruction, of property by fire arising through negligence of defendant.
    
    
      Hath v. Texas Co., 210 App. Div. 804, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 30, 1924, affirming a judgment in favor of plaintiffs entered upon a verdict in an action to recover for loss of property by fire through the alleged negligence of defendant. Plaintiffs Rath were owners of a garage in the city of Troy. Defendant supplied them with gasoline and had contracted to replace one of the old tanks by a new and larger one. In the course of this work it became necessary to disconnect the filler pipe from the tank. While the pipe was so disconnected, the driver of one of defendant’s gasoline supply trucks, with the intention of filling the tank, connected the supply truck with the filler pipe at the sidewalk and turned on the gasoline. The gasoline ran out on the cellar floor and caught fire from the furnace. The fire communicated to the building and caused the damage complained of.
    
      William Dike Reed, William B. Shelton and Thomas H. Guy for appellant.
    
      Charles B. Sullivan and Abbott H. Jones for respondents.
   Judgment affirmed, with costs; ho opinion.

Concur: Cardozo, Pound, Crane and Lehman, JJ. Dissenting: Andrews, J. Not voting: His cock, Ch. J. Not sitting: McLaughlin, J.  