Gulf Refining Co. (D) v. Williams (P), Supreme Court of MS, 1938 Should D have done something about the threads even though a fire was an improbable occurrence that no one has seen happen before? Issue Reasoning If the drum had been in good repair when the accident happened, then there would have been no liability. Rule Given the circumstances of a situation, Facts (1) The P was taking the cap off a drum of gasoline recently delivered by D to fill his tractor. (3) One of D’s employees had noticed that the threads on the cap were broken and bent probably due to repeated hammering (2) A spark caused by damaged threads on the cap set off a fire which caused injuries to P. (5) Witnesses testified that no such event (fire) has occurred ever before. (4) – however, the drum was still sent out to P. if a consequence is foreseeable with some real likelihood A person of ordinary prudence and mindful of the duty of cautions care, and knowing the condition of the drum would have reasonably anticipated that a sudden file or explosion would be caused given the condition of the threads. then action to avoid it should be taken on the part of a reasonable person. Held Procedure P argues D argues Affirmed P sued for negligence and won. D appeals. This is such an unusual occurrence that it has not happened before; we can not be held liable for failure to anticipate the danger of such an improbable event. There is no liability when the occurrence is unusual, extraordinary, and improbable.