Marsh Wood Products Co. v. Babcock & Wilcox Co.

The following opinions were filed January 12, 1932:

Wickhem, J.

The principal contentions of the defendants are as follows: first, that there is no evidence of negligence on the part of the Tube Company in the manufacture of the tubes sold to the Marsh Company; second, that assuming such negligence to have been established, there is no evidence that it was the proximate cause of the injuries to plaintiffs; third, that there is no evidence to support the finding of the jury that the tube was defective; fourth, that the rule that a manufacturer who fails to exercise ordinary care to ascertain the…