Cadillac Motor Car Co. v. Johnson
Court of Appeals for the Second Circuit
In Error to the District' Court of the United States for the Northern District of New York.
1Opinion of the Court
WARD, Circuit Judge.
In March, 1909, Johnson,' the plaintiff below, bought of a dealer an automobile known as the Cadillac motor model 30, manufactured by the defendant. In July of the same year, while driving at from 12 to 15 miles an hour, the front right wheel broke, the car turned over, and Johnson sustained most serious injuries. He brought this suit to recover damages therefor, charging the defendant with simple negligence in respect to the wheel. There can be no question that the wheel was made of dead and “dozy” wood, quite insufficient for its purposes.
There was no contractual…
2Cases cited15 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Loop v. . LitchfieldNew York Court of Appeals · 1870
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3Cited by35 opinions
- Kirkland v. General Motors CorporationSupreme Court of Oklahoma · 1974
- Maize v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1945
- Johnson v. Cadillac Motor Car Co.Court of Appeals for the Second Circuit · 1919
- Barnett v. JaspanCourt of Appeals for the Second Circuit · 1942
- Hammond-Knowlton v. United StatesCourt of Appeals for the Second Circuit · 1941
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