Legal Opinion · Dissent

Chambers Built Ins Co. v. Rabb

Supreme Court of Arkansas

Decided May 6, 1963No. 5-2980Published

1DissentEd. F. McFaddin, Associate Justice

I dissent because I maintain that a ease was made for the jury. As I read the Opinion, the Majority is in effect holding that the plaintiffs, in order to recover in a product liability case like this one, have to prove to a mathematical certainty exactly how the established defect in the product caused the injury. I dissent because such is not my understanding of the applicable rule of law.1 The plaintiffs proved these essentials: (a) that there was a leak of gas in the stove caused by a defect; (b) that there was a fire in the stove caused by the leaking gas; (c) that the grease caught on…

2Cases cited10 opinions

  1. Hill v. WilsonSupreme Court of Arkansas · 1949
  2. Skelly Oil Co. v. HollowayCourt of Appeals for the Eighth Circuit · 1948
  3. Hilson v. Pacific & Gas Electric Co.California Court of Appeal · 1933
  4. Dixon v. Montgomery Ward & Co., Inc.Appellate Court of Illinois · 1953
  5. Otis Elevator Company v. Marshall L. Robinson and Hartford Accident and Indemnity Company, IntervenerCourt of Appeals for the Fifth Circuit · 1961

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