Legal Opinion
Shoopak v. United States Rubber Co.
New York Supreme Court
Decided January 12, 1959PublishedCited by 2 opinions
1Opinion of the CourtJames W. Bailey, J.
Defendant United States Rubber Company makes this motion to dismiss the first and second causes of action of the complaint upon the ground that they do not state facts sufficient to constitute a cause of action.
Plaintiff seeks to recover damages for personal injuries sustained when a tire allegedly manufactured by the moving defendant exploded while he was inflating and attempting to mount the same upon the wheel of an automobile of a customer.
The first cause of action is predicated upon the negligence of the defendant. It contains allegations that defendant manufactured a tire with “ worn,…
2Cases cited8 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Campo v. ScofieldNew York Court of Appeals · 1950
- Rosebrock v. General Electric Co.New York Court of Appeals · 1923
- Statler v. George A. Ray Manufacturing Co.New York Court of Appeals · 1909
- Turner v. Edison Storage Battery Co.New York Court of Appeals · 1928
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Deeves v. Fabric Fire Hose Co.New York Supreme Court · 1961
- Brams v. Firestone StoresMassachusetts District Court, Appellate Division · 1970