Byers v. Flushovalve Co.
New York Supreme Court
Action by William Byers against the Flushovalve Company. On plaintiff’s motion for judgment on the pleadings. Motion denied, with leave to plaintiff to amend.
1Opinion of the CourtGifgfrich, J.
The plaintiff, a mechanic, received an injury to his hand through the breaking of a knob at the end of the handle of a valve used to flush toilets. It is alleged that the knob was made of defective and unfit material. The defendant demurred to the complaint, and the plaintiff has moved for judgment on the pleadings.
The question is whether the case comes, as a matter of law of course, within the principle of MacPherson v. Buick Motor Co., 217 N. Y. 382, 111 N. E. 1050, Ann. Cas. 1916C, 440, and similar cases. In the case just cited it was held that, if the nature of a thing is such that it is…
2Cases cited1 opinion
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
3Cited by4 opinions
- Cullem v. M. H. Renken Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Bird v. Ford Motor Co.District Court, W.D. New York · 1936
- Block v. Liggett & Myers Tobacco Co.Appellate Terms of the Supreme Court of New York · 1937
- Sherwood v. Lax & AbowitzNew York Supreme Court · 1932