Timberlake v. M. A. Henry Co. Inc.

Van Voorhis and Shientag, JJ.

(dissenting). It seems to us that a jury might find that the hazard to be anticipated was sufficiently great to hold these third-party plaintiffs liable to the injured plaintiff, regardless of whether the third-party defendant promised to the third-party plaintiffs to render the viscose rayon thread noninflammable before its use in the manufacture of the garment which burned the original plaintiff. In other words, it could be found by the jury that a promise by the third-party defendant would render it liable to the third-party plaintiffs, but would not be enough…