NOPCO Chemical Division of Diamond Shamrock Chemical Co. v. Blaw-Knox Co.

The opinion of the Court was delivered by

Hall, J.

In this suit plaintiff, a purchaser of a large,

heavy drying machine, sought to recover for concealed damage to the equipment, discovered after it had been delivered to plaintiff’s place of business. The action was brought against the manufacturer and all carriers and bailees who successively, but unconnectedly, handled it until it reached its final destination. Although plaintiff’s proofs established the nature of the damage and offered a theory of its cause, they did not demonstrate which particular defendant or defendants had inflicted it.…