I. Baron & Sons, Inc. v. Eastern Storage Industrial Park Corp.

244 N.E.2d 271, 355 Mass. 245, 1969 Mass. LEXIS 770
CourtMassachusetts Supreme Judicial Court
DecidedJanuary 30, 1969
StatusPublished
Cited by2 cases

This text of 244 N.E.2d 271 (I. Baron & Sons, Inc. v. Eastern Storage Industrial Park Corp.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
I. Baron & Sons, Inc. v. Eastern Storage Industrial Park Corp., 244 N.E.2d 271, 355 Mass. 245, 1969 Mass. LEXIS 770 (Mass. 1969).

Opinion

Kirk, J.

On Monday, November 12, 1962, a holiday, a fire of unknown origin occurred on the premises of the defendant Eastern Storage Industrial Park Corp. (Eastern), [246]*246a public warehouseman located at Everett Avenue and Maple Street, Chelsea. The plaintiff White Star Bedding Corp. (White Star) was a tenant of Eastern and occupied and stored its machinery and equipment in one of the buildings destroyed by the fire. From Eastern’s premises the fire spread to nearby premises owned and occupied by the plaintiff I. Baron & Sons, Inc. (Baron), and consumed the Baron buildings and contents.

As a result of the fire several actions at law in multiple counts were commenced against Eastern and others.2 All were consolidated for trial and referred to an auditor, findings of fact not to be final. The auditor found that Eastern was liable in tort for negligence to Baron and to White Star.3 At the trial before a jury the plaintiffs introduced the auditor’s report and other evidence through several witnesses.4 Eastern rested at the close of the plaintiffs’ evidence and moved for directed verdicts which, subject to the plaintiffs’ exceptions, were ordered to be returned. The case is before us on the plaintiffs’ amended consolidated bill of exceptions.

The parties agree that the decisive issue raised by the exceptions is whether certain of the auditor’s conclusions which led to his ultimate finding of negligence are supported by his subsidiary findings. Our analysis of the subsidiary findings made by the auditor will perhaps be better understood if we now state his conclusions: 1. The original cause of the fire was unknown and undeterminable. 2. Eastern stored an excessive quantity of flammables in a structure on its premises called Building 9 Extension. 3. The excessive storage was an act of negligence. 4. This negligence was the effective cause of the damage suffered by the plaintiffs. 5. Eastern was not negligent in any other respect.

[247]*247The auditor appended to his report a diagrammatic sketch of the locus showing the location of the several structures and the distribution in them of various materials. In contemplation of the view which we take of the case, it is unnecessary to reproduce the sketch. A total of at least ten and perhaps fifteen buildings were burned in the fire. All of the buildings were of wood construction with the single exception of one of the buildings occupied by White Star which was built of brick. The auditor made elaborate and painstaking findings describing in detail the progress and course of the fire and assigning the probable causes for its intensity and rapid spread. Again, because of the view we take of the case, no purpose will be served by setting out these findings in full.

The auditor states that he used the words “flammable” and “inflammable” synonymously. It appears also that he used the words “fluid” and “liquid” interchangeably.

We summarize the findings. Continuously since December 20, 1948, and at the time of the fire Eastern held a license granted by the city of Chelsea under G. L. c. 148, § 13, to store flammables. One of Eastern’s customers was Monsanto Chemical Corp. (Monsanto) whose finished products, manufactured at its Everett plant, were stored at Eastern when space was available pending shipment to Monsanto’s customers. The turnover period of Monsanto’s products in storage was several weeks or less. Eastern’s employees took charge of the products when delivered on trucks at the plant for storage and placed them on trucks when shipped elsewhere from storage. Neither the containers delivered to Eastern nor the documents which accompanied them disclosed the “flash points” of the contents. None of the containers bore any markings suggesting that the contents were flammable. There was no requirement of law, or regulation or ordinance or otherwise that containers of fluids of the type stored by Eastern be marked or that the documents accompanying them bear any notation of their flammability.

In rating the fire hazard of flammable liquids, “flash [248]*248points” are commonly used. “The 'flash point’ of a liquid is the temperature to which the liquid must be heated so that vapors emanating from the surface and mixing with air will form a combustible mixture which will flash for an instant when a source of ignition is passed through it.”

The Revised Ordinances of Chelsea at the time of the fire classified flammables, in Fahrenheit degrees, in three classes: Class I were liquids with flash points below 25°; Class II were liquids with flash points above 25° and below 70°; Class III were liquids with flash points above 70° and below 200°.

The liquids stored on Eastern’s premises by Monsanto at the time of the fire, all in closed, fully filled 55 gallon steel drums, are listed in the following table which states the flash point and the number of gallons of each liquid.5

Name Gallons Flash Point

Dicyclohexylamine 10,175 210° F+

Santicizer 405 8,745 350° F+

Santicizer 406 12,320 350° F+

Santicizer 409 14,520 350° F+

Santicizer 411 7,315 350° F+

Santicizer 261 9,240 350° F+

Tetrapropenyl Succinic

Anhydride (TPSA) 8,745 352° F+

Tetraethyl-orthosilicate (TECS) 3,795 125° F

TOTAL 74,855

“Another classification, based on flash points, was made by regulations of the Board of Fire Prevention of the Commonwealth’s Department of Public ■ Safety. These regulations, in force at the time of the fire, were issued under G. L. c. 148, §§ 9 and 10, and governed 'the keeping, storage, manufacture or sale, in limited quantities of flammable [249]*249fluids, solids or gosses without a license or registration or either of them.'”6

Still another use of flash points is made by the Interstate Commerce Commission that rules that a flammable liquid which has a flash point of 80° Fahrenheit or less must bear a conspicuous red label and cannot be carried through areas such as tunnels in interstate commerce. Such products are called “Red Label” products.

The manager of Eastern did not know anything about the State board of fire prevention flash point classifications. He told Monsanto that Eastern could handle any article except “Red Label” products. Occasionally he asked Monsanto about the flash points. The acting head of Chelsea's bureau of fire prevention made inspections of Eastern's premises from time to time prior to the fire. In these inspections nothing was disclosed which was of serious concern to the acting bureau head.

On the reverse side of the certificate of registration (a form provided by the Division of Fire Prevention of the Department of Public Safety) signed by the city clerk appear the words: “12/20/48 — Granted — License to handle and store approximately twenty thousand gallons (20,000) of Class A-B-C inflammable fluids . . . .”7

The first fire alarm sounded at 7:44 f.m. on Monday, November 12, 1962. Within minutes a general alarm summoned apparatus from five neighborhood communities. The [250]*250temperature was 41 degrees, and a seven mile an hour wind was blowing from the south.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Chase v. Board of Selectmen
310 N.E.2d 144 (Massachusetts Appeals Court, 1974)
Knowles v. Gilchrist's Department Store
47 Mass. App. Dec. 131 (Mass. Dist. Ct., App. Div., 1971)

Cite This Page — Counsel Stack

Bluebook (online)
244 N.E.2d 271, 355 Mass. 245, 1969 Mass. LEXIS 770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/i-baron-sons-inc-v-eastern-storage-industrial-park-corp-mass-1969.