Huset v. J. I. Case Threshing Mach. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This writ of error was sued out to reverse a judgment sustaining a demurrer to the amended complaint of O. S. Huset, the plaintiff below and the plaintiff in error here, in an action for personal injury, which he brought against the J. I. Case Threshing Machine Company, a corporation.
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In Error to the Circuit Court of the United States for the District of Minnesota. This writ of error was sued out to reverse a judgment sustaining a demurrer to the amended complaint of O. S. Huset, the plaintiff below and the plaintiff in error here, in an action for personal injury, which he brought against the J. I. Case Threshing Machine Company, a corporation. These are the facts which the complaint discloses: The threshing machine company was a corporation engaged in the manufacture and sale of threshing rigs, which consisted of an engine, a separator, a band-cutter, and self-feeder.…
1Opinion of the CourtSanborn, Circuit Judge
Is a manufacturer or vendor of an article or machine which he knows, when he sells it, to be imminently dangerous, by reason of a concealed defect therein, to the life and limbs of any one who shall use it for the purpose for which it was made and intended, liable to a stranger to the contract of sale for an injury which he sustains from the concealed defect while he is lawfully applying the article or machine to its intended use ?
The argument of this question has traversed the whole field in which the liability of contractors, manufacturers, and vendors to strangers to their contracts for…
2Cases cited26 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Devlin v. . SmithNew York Court of Appeals · 1882
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
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3Cited by155 opinions
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- J. I. Case Co. v. SandefurIndiana Supreme Court · 1964
- Potter v. Chicago Pneumatic Tool Co.Supreme Court of Connecticut · 1997
- Marguerite Jamieson v. Woodward & LothropCourt of Appeals for the D.C. Circuit · 1957
- Central Bearings Co. v. Wolverine Insurance CompanySupreme Court of Iowa · 1970
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