Berger v. Standard Oil Co.
Court of Appeals of Kentucky
CASE 21. — ACTION BY HENRY BERGER AGAINST THE STANDARD OIL CO. FOR DAMAGES FOR PERSONAL INJURIES. — Appeal from Jefferson Circuit Court. C. P. Brandi 2 Div., Thos. R. Gordon, Judge.
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CASE 21. — ACTION BY HENRY BERGER AGAINST THE STANDARD OIL CO. FOR DAMAGES FOR PERSONAL INJURIES. — Appeal from Jefferson Circuit Court. C. P. Brandi 2 Div., Thos. R. Gordon, Judge. Judgment for defendant, plaintiff appeals' — 1. In this action the appellant was entitled to recover the damages, resulting to him from the breach of the warranty, without regard to whether the appellee or agents knew or could have Known by the exercise of ordinary care that the oil was unsafe when used as a lubricant. One who makes a warranty must at his peril know that it is true. The party to whom a warrant is…
1Opinion of the Court
Opinion op the Court by
Chief Justice O’Rear
Affirming.
Appellee sold to appellant’s employer a quantity of lubricating oil to be used on a stationary steam engine. Appellant was tbe engineer wbo operated the engine. A lubricator, wbicb had a glass tube attachment, was in use upon the engine. The oil was transmitted through it by means of steam' pressure to the inside of the cylinders of the engine. The glass tube exploded while in such use, and while appellant was using in it some of the oil which his employer had purchased of appellee. In the explosion a piece of the flying glass struck…
2Cases cited8 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Wilson v. Chess & Wymond Co.Court of Appeals of Kentucky · 1904
- Bogenschutz v. SmithCourt of Appeals of Kentucky · 1886
- Standard Oil Co. v. TierneyCourt of Appeals of Kentucky · 1891
- Simons v. GregoryCourt of Appeals of Kentucky · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Dealers Transport Co. v. Battery Distributing Co.Court of Appeals of Kentucky (pre-1976) · 1966
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Olds Motor Works v. ShafferCourt of Appeals of Kentucky · 1911
- Wyatt v. North Carolina Equipment CompanySupreme Court of North Carolina · 1960
- Defore v. Bourjois, Inc.Supreme Court of Alabama · 1958
21 more not listed; retrieve them via the Exa API.