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Business Organizations Keyed to Chasalow, 3rd Ed.
Humble Oil & Refining Co. v. Martin
Citation:
148 Tex. 175, 222 S.W.2d 995 (1949)Facts
Humble Oil owned a filling station located on a corner with a noticeable downward slope. Mrs. Love, a regular customer, drove to the station and left her car in a loading lane between gas pumps for servicing. She told the station attendant, Manis, that she was going to get groceries and asked if it was alright to leave her car. Manis replied it was “perfectly all right.” Mrs. Love did not set the emergency brake before leaving. Shortly thereafter, the unattended car rolled by gravity off the premises, across the street, and struck Mr. Martin and his two minor daughters as they were walking into their yard. The jury found that Humble was negligent in failing to inspect the car to ensure the brake was set, failing to set the brake, and leaving the car unattended. They also found Mrs. Love negligent for failing to set the emergency brake. The jury determined that Mrs. Love had delivered her car to Humble’s custody before it started rolling.
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