173 Wis. 84 | Wis. | 1920
On May 18, 1919, the plaintiff, who was riding a motorcycle, requested an employee of defendant to supply his motorcycle with- one gallon of gásolihe from a gasoline filling station operated by defendant at a pleasure park owned by him. • The-plaintiff remained-seated bn the motorcycle and undertook to hold the hose' and adjust the nozzle to guide the flow of the gasoline into .the container while the-employed of-defendant turned-the- crank of the filling-station tank-.- The gasoline overflowed--the-gasoline container of plaintiff’s-motorcycle'-and pou'red-over the motor, an’explosion occurred,' and pláintiff süstáined the injuries complained of. Defendant claims that pláintiff ordered his: employee to-put‘one gallon, of gasoline-in-the contáiñér of the motorcycle; that threé complete turns of the crank of' the filling pump- are necessary to supply one
Actionable negligence must be affirmatively.-shown. The burden rested on the-plaintiff to show with reasonable certainty;-how the"explosion was1-caused. .We are persuaded
By the Court. — The judgment is affirmed. ■