Loop v. . Litchfield
New York Court of Appeals
Appeal from a judgment of the General Term in the fourth district, reversing a judgment entered upon a verdict in favor of the plaintiffs, and ordering a new trial.
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Appeal from a judgment of the General Term in the fourth district, reversing a judgment entered upon a verdict in favor of the plaintiffs, and ordering a new trial. This action is brought' under the act of 1847, chap. 450, entitled “ An act requiring compensation for causing death by wrongful act, neglect or default,” and was tried at the St. Lawrence circuit, before Mr. Justice Booices and a jury, in June, 1868. The complaint alleged that in 1861 the defendants were partners in manufacturing iron castings and machinery, and made a cast-iron balance wheel to be used with a circular saw. That…
1Opinion of the CourtHunt, J.
A piece of machinery already made and on hand, having defects which weaken it, is sold by the manufacturer to one who buys it for his own use. The defects are pointed out to the purchaser and are fully understood by him. This piece of machinery is used by the buyer for five years, and is then taken into the ¡possession of a neighbor, who uses it for his own purposes. While so in use, it files apart by reason of its original defects, and the person using it is killed. Is the seller, upon this state of facts, liable to the representatives of the deceased party ? I omit at this stage of the…
2Cases cited3 opinions
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
- Curran v. Warren Chemical & Manufacturing Co.New York Court of Appeals · 1867
- Willis v. Long Island Rail RoadNew York Supreme Court · 1860
3Cited by70 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Ossining Union Free School District v. AndersonNew York Court of Appeals · 1989
- Devlin v. . SmithNew York Court of Appeals · 1882
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
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