Howes v. Hansen

The first important controversy involved on this appeal concerns Case No. 201, and raises two issues:

1. Did the trial court err in overruling a demurrer to the amended complaint because that complaint did not state sufficient facts to constitute a cause of action against Deere & Company in strict liability in tort?

2. Should an action based on strict liability be extended to injured bystanders?

In Dippel v. Sciano, 1 this court adopted the concept of strict liability in tort propounded in the Restatement: 2

“ ‘Sec. 402A. Special Liability of Seller of Product for Physical Harm to User or Consumer