Wellington v. Downer Kerosene Oil Co.
Massachusetts Supreme Judicial Court
Tort for injury of the plaintiff’s person and property by the explosion of a fluid which he was burning in a lamp. Writ dated June 22,1869. The declaration contained two counts; the first, upon the St. of 1867, c. 286, the material parts of which statute are printed in the margin;* the second, upon the common law.
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Tort for injury of the plaintiff’s person and property by the explosion of a fluid which he was burning in a lamp. Writ dated June 22,1869. The declaration contained two counts; the first, upon the St. of 1867, c. 286, the material parts of which statute are printed in the margin;* the second, upon the common law. The first count alleged that “ the defendants sold to one Nathaniel E. Chase a certain quantity, to wit, one barrel, of naphtha, under the name of oil, contrary to the statute in such case made and provided; and the said Ch'ase retailed and resold a part of the same, to wit, one…
1Opinion of the CourtGray, J.
This is an action of tort. Both counts of the declaration are framed, not upon any supposed privity between the parties, but upon a violation of duty in the defendants, resulting in an injury to the plaintiff. The first count is upon the St. of 1867, c. 286, and the second upon the common law. It will be convenient to consider the general question of the liability of the defendants at common law, before examining the construction and effect of the statute.
It is well settled that a man who delivers an article, which he knows to be dangerous or noxious, to another person, without notice of its…
2Cases cited2 opinions
- Carter v. TowneMassachusetts Supreme Judicial Court · 1868
- Carter v. TowneMassachusetts Supreme Judicial Court · 1870
3Cited by85 opinions
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Ortho Pharmaceutical Corp. v. ChapmanIndiana Court of Appeals · 1979
- Ortho Pharmaceutical Corp. v. ChapmanIndiana Court of Appeals · 1979
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