Burns v. Pennsylvania Rubber & Supply Co.

Joseph R. Burns, the plaintiff, an appellee herein, was the owner-operator of a retail gasoline service station in Youngstown, Ohio. In 1945 he purchased from the defendant, appellant herein, The Pennsylvania Rubber & Supply Company, a certain hydraulic lift manufactured by the defendant Weaver Manufacturing Company. Installation of the unit was made by neither of the defendants. The lift, properly installed, worked “beautifully” until May 17, 1957, when an employee of Burns was injured by the explosion of the lift.

This employee claimed damages against Burns, who had no immunity from such…