Schenck v. Pelkey

How courts have described this case

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

• noting similarities between strict liability for sale of unreasonably dangerous products and implied warranty of merchantability
• noting similarities between strict liability for sale of unreasonably dangerous products and implied warranty of merchantability
• admissibility of safety measure taken by other manufacturers subsequent to manufacture of product in question to demonstrate feasibility within discretion of trial court
• “[a] dealer who sells articles which ordinarily are used in only one way impliedly warrants fitness for use in that particular way” [internal quotation marks omitted]
• where plaintiffs used swimming pool slide for its “ordinary purpose,” the correct warranty was “one of merchantability,” which was the “broader” of the two implied warranties

Source: CourtListener parenthetical corpus (CC0).