Marsh v. Usk Hardware Co.

Citations

• 73 Wash. 543
• 132 P. 241
• 1913 Wash. LEXIS 1635

Syllabus

<p>Explosives — Sale—Liability—Negligence or Deceit. It is immaterial whether liability for misrepresentations in the sale of explosives is based upon technical deceit or negligence, assuming that they were the proximate cause of the injury sustained in handling the explosive.</p> <p>Explosives — Negligence—Representations—Liability oe Manufacturer — Question for Jury. It is a question for the jury to determine whether a retail dealer was authorized by a powder manufacturing company to make certain specific representations in detail as to the method of handling the powder, where the manufacturing company had issued circulars making the most comprehensive claims as to the safety of using the powder in ways different from using other explosives, and where reasonable minds might differ as to the construction of the language and it could not be said, as a matter of law, that the specific statements of the dealer went beyond those made in the circulars.</p> <p>Same — Representations — Contributory Negligence — Question for Jury. Whether the purchaser of a new blasting powder could reasonably rely upon the manufacturer’s circular making comprehensive claims as- to its safety, and upon statements of the retail dealer making the sale as to the proper method of use, is a question for the jury, where reasonable minds would not necessarily arrive at the same conclusion thereon.</p> <p>Same — Negligence — Liability of Manufacturer. A manufacturer of a high explosive who sells the same to retailers with an affirmative representation or guarantee as to its safety is liable to a purchaser from the retailer who is injured thereby without fault on his part, upon the theory of negligence and without regard to any contractual relations.</p> <p>Same — Sales—Ltabhlty of Retailer. Retail dealers selling a new blasting powder are bound to know its character, and cannot escape responsibility for their own affirmative statements as to the proper manner of using it by showing that they relie