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· 4/15/1877

The Armitage Brearley

Citations

  • 1 F. Cas. 1130
  • 9 Ben. 108

How courts have described this case

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

  • observing that simply because a vehicle caught fire does not mean that the vehicle was defective
  • explaining that “the mere fact that a fire consumes an automobile is insufficient” to establish a design defect
  • finding that circumstantial evidence of a defect in the electrical system of a burned car was insufficient because the plaintiff failed to eliminate other possible causes such as faulty repair
  • see also Ohio Rev. Code Ann. §§ 2307.74-76 (Anderson 1991) (establishing different liability tests for manufacturing defects, design defects, and failure to warn)
  • superceded by statute on other grounds, R.C. § 2307.75, as recognized in Perkins v. Wilkinson Sword, Inc., et al., 83 Ohio St.3d 507, 700 N.E.2d 1247 (1998)
  • appellate court’s remand erroneously revived claims that had been abandoned on appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Benedict

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.