Huset v. J. I. Case Threshing Mach. Co.

Citations

• 120 F. 865
• 61 L.R.A. 303
• 1903 U.S. App. LEXIS 4546

Syllabus

<p>1. Negligence — Liability op Manufactures, Vendor, or Contractor to Third Parties — General Rule.</p> <p>It is the general rule that a contractor, manufacturer, or vendor is not liable to third parties who have no contractual relations with him for negligence in the construction, manufacture, or sale of the articles he handles.</p> <p>2. Same — Exception to Rule — Poisons, Foods, Articles Affecting Life and Health.</p> <p>. An act of negligence of a manufacturer or vendor which is imminently dangerous to human life or health, and which occurs in the preparation or sale of articles, like foods and poisons, whose primary use is to preserve, destroy, or affect life and health, is actionable by parties who have no contractual relations with the manufacturer or vendor.</p> <p>8. Same — Invitation to Use.</p> <p>An owner who impliedly invites third parties to use defective machines or instruments manufactured or furnish.ed by him is liable to them for injuries resulting from his negligence in the manufacture or care of them.</p> <p>4. Same — Manufacturer’s or Vendor’s Knowledge of Dangerous Character when Delivered.</p> <p>A manufacturer or vendor, who, without giving notice of its character or qualities, supplies or delivers to another a machine or article which, at the time of delivery, he knows to be imminently dangerous to the life or limbs of any one who may use it for the purpose for which it is intended, is liable to any one who sustains injury from its dangerous condition, whether he has any contractual relations with him or not.</p> <p>(Syllabus by the Court.)</p> <p>¶ 4. See Negligence, vol. 37, Cent. Dig. § 25.</p>