Marchant v. Mitchell Distributing Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that failure to give warnings was inconsequential where plaintiff admitted he knew the dangers prior to the accident at issue
• holding the absence of an optional safety device on a crane did not create an issue of fact as to whether the product was unreasonably dangerous
• holding the absence of an optional safety device on a crane did not create an issue of fact as to whether the product was unreasonably dangerous
• stating the fact that an injury occurred and the fact that the allegedly defective product could have been more safe are not sufficient to support a finding that the product in question was unreasonably dangerous
• “[w]e think however, that the fact the crane was without the optional safety device, does not tend to prove that it was defective.”
• “Most any product can be made more'safe.... [A] bicycle is more safe if equipped with lights and a bell, but the fact that one is not so equipped does not create the inference that the bicycle is defective and unreasonably dangerous.”

Source: CourtListener parenthetical corpus (CC0).