Heizer v. Kingsland & Douglass Manufacturing Co.
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M-Hughes, Judge. (1) Plaintiff’s husband was not a party to the contract for the sale of the thresher and its violation could give her no 'right of action-. By the decided weight of judicial opinion hitherto expressed, and by the reasonable and practicable limits which must, in the nature of' things, be assigned by the courts to the principle creating-a liability, independent of contract, and as the mere result of legal duty, for…
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Appeal from Audrain Circuit Court. — Hon. E. M-Hughes, Judge. (1) Plaintiff’s husband was not a party to the contract for the sale of the thresher and its violation could give her no 'right of action-. By the decided weight of judicial opinion hitherto expressed, and by the reasonable and practicable limits which must, in the nature of' things, be assigned by the courts to the principle creating-a liability, independent of contract, and as the mere result of legal duty, for injuries occasioned by articles-dangerous in their nature and intended use, the thresher in this case cannot be classed…
1Opinion of the CourtBlack, J.
The plaintiff brought this suit against the defendant, a corporation engaged in manufacturing and selling steam threshing machines, to recover damages for the death of her husband, who received *608injuries from which, he died while assisting Ira Ellis in operating a machine sold by defendant to Ellis.
Mr. Ellis applied to a Mr. McSwain, who was-an agent for the Birdsell thresher, for a machine of that pattern. They went to St. Louis, but being unable to get a machine of that make they called at the defendant’s shops. Ellis then gave the defendant a written order for a machine, by the terms of…
2Cases cited13 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
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Martin v. Bengue, Inc.Supreme Court of New Jersey · 1957
- Olds Motor Works v. ShafferCourt of Appeals of Kentucky · 1911
- McLeod Ex Rel. McLeod v. Linde Air Products Co.Supreme Court of Missouri · 1927
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
41 more not listed; retrieve them via the Exa API.