Tyler v. Moody
Court of Appeals of Kentucky
Case 22 — Action to Recover Damages for Personal Injuries.- APPEAL FROM JEFFERSON CIRCUIT COURT — LAW AND EQUITY DIVISION. JUDGMENT FOR DEFENDANTS AND PLAINTIFF APPEALS. P. J. BEARD and WILLIS & WILLIS, of counsel. POINTS AND AUTHORITIES CITED. 1. Representations made by the appellees to the appellant in this ■ case amount to a warranty. Lamme v. Gregg, 1 Met., 446; McClintock v. Emick, 87 Ky., 160-168; Bedford v. McGibbon, 12 Ky.
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Case 22 — Action to Recover Damages for Personal Injuries.- APPEAL FROM JEFFERSON CIRCUIT COURT — LAW AND EQUITY DIVISION. JUDGMENT FOR DEFENDANTS AND PLAINTIFF APPEALS. P. J. BEARD and WILLIS & WILLIS, of counsel. POINTS AND AUTHORITIES CITED. 1. Representations made by the appellees to the appellant in this ■ case amount to a warranty. Lamme v. Gregg, 1 Met., 446; McClintock v. Emick, 87 Ky., 160-168; Bedford v. McGibbon, 12 Ky. Law Rep., 196; Kellogg Bridge Co. v. Hamilton, 110 U. S., 108-119. 2. The agent in making a sale for his principal may hind not only his principal, but himself…
1Opinion of the Court
Opinion of the court by
JUDGE WHITE
Reversing.
The appellant brought this action to recover for damages for personal injuries caused by an explosion of gas generator for the manufacture of acetylene gas, sold by appellees, Hall & Son, and manufactured by appellees, Moody & Offutt. Appellant avers in his petition that appellees “guarantied and represented- to him at the- time of said sale, and as a part of said contract, that the said machine, and the use thereof in generating acetylene gas, was and would be entirely safe, and that no damages or injury would or could result -therefrom; and that…
2Cases cited4 opinions
- Dushane v. BenedictSupreme Court of the United States · 1887
- Shippen v. BowenSupreme Court of the United States · 1887
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Jones v. RossSupreme Court of Alabama · 1893
3Cited by8 opinions
- Talley v. Beever & HindesCourt of Appeals of Texas · 1903
- Ebbert v. Philadelphia Electric Co.Superior Court of Pennsylvania · 1936
- Jones v. Pittsburgh Plate Glass Co.Wisconsin Supreme Court · 1945
- Spiegel v. Saks 34th StreetAppellate Terms of the Supreme Court of New York · 1964
- Marsh v. Usk Hardware Co.Washington Supreme Court · 1913
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