Legal Opinion · Dissent

United States Radiator Corporation v. Henderson

Court of Appeals for the Tenth Circuit

Decided December 20, 1933No. 879Published

1DissentPhillips, Circuit Judge

The general rule is that a constructor, manufacturer, or vendor of an article is not' liable to third persons, with whom he has no contractual relations, for negligence in the construction, manufacture, or sale of such article. Huset v. J. I. Case Thresh. M. Co. (C. C. A. 8) 120 F. 865, 867, 61 L. R. A. 303; Employers’ Liability Assur. Corp. v. Columbus McKinnon Chain Co. (D. C. N. Y.) 13 F.(2d) 128. This is because ordinarily ho owes no duty to such third persons, and there is no actionable negligence where there has been no breach of duty. Northern Pac. R. Co. v. Adams, 192 U. S. 440, 450,…

2Cases cited33 opinions

  1. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  2. Sweeney v. ErvingSupreme Court of the United States · 1913
  3. Ewing v. GoodeU.S. Circuit Court for the District of Southern Ohio · 1897
  4. Looney v. Metropolitan RailroadSupreme Court of the United States · 1906
  5. Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903

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