Windram Manufacturing Co. v. Boston Blacking Co.
Massachusetts Supreme Judicial Court
Tort, with a declaration as amended in two counts, which are described in the opinion. Writ dated February 20, 1920. The defendant demurred. In the Superior Court, the demurrer was heard by Wait, J., and was sustained, and on motion of the defendant judgment was entered in its favor. The plaintiff appealed.
1Opinion of the CourtDe Courcy, J.
The first count in the amended declaration alleges in substance that the plaintiff was engaged in the business of pasting linings to fabrics by means of machinery, using in the process a paste or cement, which it purchased from one Ellis; that the defendant manufactured the cement for Ellis, and was aware that it was to be so used by the plaintiff; and that said blacking company negligently manufactured and mixed the paste, so that it injured the fabrics on which it was used, to the pecuniary loss of the plaintiff.
The allegation that the defendant “ carelessly and negligently ” manufactured…
2Cases cited21 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
- Gearing v. BerksonMassachusetts Supreme Judicial Court · 1916
16 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Swinton v. Whitinsville Savings BankMassachusetts Supreme Judicial Court · 1942
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- Dahms v. General Elevator Co.California Supreme Court · 1932
- Flies v. Fox Brothers Buick Co.Wisconsin Supreme Court · 1928
46 more not listed; retrieve them via the Exa API.