White v. Oakes
Supreme Judicial Court of Maine
On report. This was an action to recover damages sustained by the plaintiff by means of a folding-bed falling upon her that she alleged was sold to her with a warranty and was of faulty contrivance; also to recover damages sustained by another person, which she alleged that she was compelled to pay, happening through the same cause. The declaration contained two counts.
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On report. This was an action to recover damages sustained by the plaintiff by means of a folding-bed falling upon her that she alleged was sold to her with a warranty and was of faulty contrivance; also to recover damages sustained by another person, which she alleged that she was compelled to pay, happening through the same cause. The declaration contained two counts. The fii’st one alleged, in substance, that the defendants sold the plaintiff a folding-bedstead in June, 1893 ; that it was made of bad materials, was not properly constructed, was unsuited for the purpose of a bedstead, and…
1Opinion of the CourtHaskell, J.
The defendants, being dealer's in furniture and not manufacturers, sold a folding-bed to the plaintiff without express warranty of any kind. The bed proved dangerous to *373the persons using it, not from defective parts, but from faulty design. It proved to be a trap, suited to crush its occupants by shutting up like a jackknife when slept upon. The weight of its occupants, if sufficient to overcome the gravity of the upright head-piece, would trip that forward and the bed collapse. This bed did so, injuring a man sleeping in it so that he became partially paralyzed. The defendants had no…
2Cases cited2 opinions
- French v. ViningMassachusetts Supreme Judicial Court · 1869
- Howard v. EmersonMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Stevens v. Allis-Chalmers Manufacturing Co.Supreme Court of Kansas · 1940
- Richards v. W. H. Hellen & SonSupreme Court of Iowa · 1911
- Pfeiffer v. NormanNorth Dakota Supreme Court · 1911
- Phillip Burgess v. Montgomery Ward and Company, Inc.Court of Appeals for the Tenth Circuit · 1959
- Wade & Dunton, Inc. v. GordonSupreme Judicial Court of Maine · 1949
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