Standard Oil Co. v. Parrish
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern District of Illinois. At Decatur, 111., on March 7, 1904, the deceased, a child .10 years old, was burned so severely that within a few days she died. The declaration was in three counts.
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In Error to the Circuit Court of the United States for the Southern District of Illinois. At Decatur, 111., on March 7, 1904, the deceased, a child .10 years old, was burned so severely that within a few days she died. The declaration was in three counts. The first charged that defendant (plaintiff in error) negligently sold to William A. Parrish, father of Jessie, for illuminating purposes five gallons of coal oil which was below the standard of ignition at 150° Fahrenheit, fixed by chapter 104 of the Illinois Revised Statutes of 1881, whereby the oil exploded a lamp in Parrish’s home, with…
1Opinion of the CourtBaker, Circuit Judge
1. Parrish asked for illuminating oil of the standard quality. Defendant sold him oil which contained gasoline to such an extent that the mixture was liable to explode the ordinary lamp. Invoking the general rule that a manufacturer or vender is not liable to persons who have no contractual relations with him, defendant contends that for its negligent act it was answerable only to Parrish, the purchaser. But defendant was supplying the oil for illumination, and must have contemplated that it would be burned in the or dinar}’ and usual lamps in the households of the purchasers. Further, the…
2Cases cited2 opinions
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
3Cited by10 opinions
- Thornhill v. Carpenter-Morton Co.Massachusetts Supreme Judicial Court · 1915
- Jones v. Gulf States Steel Co.Supreme Court of Alabama · 1921
- Orval Lloyd Skinner v. United StatesCourt of Appeals for the Eighth Circuit · 1964
- Bourne v. BarlarCourt of Appeals of Tennessee · 1933
- Joseph v. Hustad CorporationMontana Supreme Court · 1969
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