Thornhill v. Carpenter-Morton Co.
Massachusetts Supreme Judicial Court
Tort against the alleged manufacturer and seller of a certain walnut oil stain for personal injuries sustained by the plaintiff on May 25,1908, from the sudden ignition of the. volatile and inflammable gases contained in the stain when a match was lighted in the room where the plaintiff’s husband was applying the stain to the floor, the defendant having put the stain on the market, where it was bought by the plaintiff’s husband, without giving any notice of its inflammable…
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Tort against the alleged manufacturer and seller of a certain walnut oil stain for personal injuries sustained by the plaintiff on May 25,1908, from the sudden ignition of the. volatile and inflammable gases contained in the stain when a match was lighted in the room where the plaintiff’s husband was applying the stain to the floor, the defendant having put the stain on the market, where it was bought by the plaintiff’s husband, without giving any notice of its inflammable and dangerous character of which the plaintiff and her husband were ignorant. Writ dated March 2, 1909. The declaration…
1Opinion of the CourtBraley, J.
It was uncontroverted that the defendant, a manufacturer and dealer in paints, oils, varnishes and oil stains, instead of making it, obtained the walnut oil stain from another company which it put upon the market, although the label on the cans, with the directions for use, represented that the stain was of its own manufacture.
The plaintiff’s husband bought a can of this stain and while applying the contents in the ordinary way to the floor of a room, where because of gathering darkness it became necessary to light the chandelier, drew a match across his clothing, and the jury could find that…
2Cases cited19 opinions
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Murphy v. ArnsonSupreme Court of the United States · 1878
14 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Back v. Wickes Corp.Massachusetts Supreme Judicial Court · 1978
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Nathan Richman, Administrator v. General Motors CorporationCourt of Appeals for the First Circuit · 1971
- Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
56 more not listed; retrieve them via the Exa API.