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· 3/9/1915

Cadillac Motor Car Co. v. Johnson

Citations

  • 221 F. 801
  • 1915 U.S. App. LEXIS 1371

Syllabus

<p>1, Negligence @=>27—Liability of Manufacturers of Articles Causing Inj URY.</p> <p>A manufacturer of automobiles, which purchased the wheels used on its automobiles, was not liable to an injured person, who purchased an automobile manufactured by it from a dealer, and who had no contractual relations with it, for its negligent failure to discover that one of the wheels was defective, since, while one who manufactures articles inherently dangerous is liable to third parties injured by such articles, unless he exercises reasonable care, one who manufactures articles dangerous only if defectively made is not liable to third parties for injuries, except in case of willful injury or fraud.</p> <p>[Ed. Note.—For other cases, see Negligence, Cent. Dig. § 25; Dec. Dig. @=>27.</p> <p>Liabilities of manufacturers and vendors of injurious substances or defective. machinery and appliances for injuries to persons other than immediate vendees, see note to Standard Oil Co. v. Murray, 57 C. C. A. 5.]</p> <p>2, Negligence @=27—Liability of Manufacturer—False Representa - xj o i\\ s—Availability.</p> <p>liven though an automobile manufacturer’s prospectus represented that it manufactured the wheels of its automobiles, when in fact it purchased them from a manufacturer of wheels, such representation was not available to a purchaser from a dealer In automobiles, who had no contractual relation with the automobile manufacturer, in an action by him for injuries.</p> <p>[Ed. Note. —For other cases, see Negligence, Cent. Dig. § 25; Dec. Dig. @=>27.]</p> <p>8. Negligence @=124—Actions for' Injuries—Evidence.</p> <p>In an action against an automobile manufacturer, which purchased the wheels of its automobiles from the S. Co., for injuries sustained by a purchaser from a dealer, due to a defect in one of the wheels, it was error to exclude, evidence as to the practice of manufacturers of automobiles and of the trade concerning the examination of wheels, even on the theory, on which the cas

Judges: Goxe, Ward

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