Legal Opinion
DiVello v. Gardner Machine Co.
Cuyahoga County Common Pleas Court
Decided November 29, 1951No. 623987PublishedCited by 9 opinions
1Opinion of the Court
OPINION
By MERRICK, J:
This is an action for wrongful death. The petition alleges that plaintiff’s decedent was killed as a result of the disintegration of a grinding wheel being used in the usual manner at decedent’s place of employment. It is further alleged that decedent’s employer purchased the grinding wheel from defendant, who is engaged in the business of manufacturing and selling grinding-wheels. Two causes of action are pleaded. The second cause is in contract for breach of warranty.» The petition alleges that the defendant warranted said grinding wheel to be safe and suitable for use.…
2Cases cited7 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Mazetti v. Armour & Co.Washington Supreme Court · 1913
- Saganowich v. HachikianSupreme Court of Pennsylvania · 1943
- Galveston, Harrisburg & San Antonio Railway Co. v. HenneganCourt of Appeals of Texas · 1903
- Mahoney v. Shaker Square Beverages, Inc.Cuyahoga County Common Pleas Court · 1951
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
- Peterson v. Lamb Rubber Co.California Supreme Court · 1960
- Elizabeth Margaret Dallison and Max Dallison v. Sears, Roebuck and Co., a CorporationCourt of Appeals for the Tenth Circuit · 1962
- Drayton Ex Rel. Drayton v. Jiffee Chemical Corp.District Court, N.D. Ohio · 1975
- Weigel v. THE M/V BELGRANODistrict Court, D. Oregon · 1960
4 more not listed; retrieve them via the Exa API.