Lynch v. International Harvester Co., 579.

Decision Date18 July 1932
Docket NumberNo. 579.,579.
Citation60 F.2d 223
PartiesLYNCH v. INTERNATIONAL HARVESTER CO. OF AMERICA.
CourtU.S. Court of Appeals — Tenth Circuit

Sam P. Ridings, of Medford, Okl., and C. F. Dyer, of Enid, Okl. (Dyer, Smith & Crowley, of Enid, Okl., and Ridings & Drennan, of Medford, Okl., on the brief), for appellant.

Forest D. Siefkin, of Chicago, Ill. (William S. Elliott, of Chicago, Ill., and Oliver C. Black, of Oklahoma City, Okl., on the brief), for appellee.

Before LEWIS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.

LEWIS, Circuit Judge.

Appellant, plaintiff below, sued for damages on account of injury which resulted in the loss of his leg. The injury occurred while he was operating a machine made and sold by appellee and designed for reaping and threshing small grain. The complaint alleges that the operator was required at times to go upon the top of the machine to give attention to its parts and their operation. On the top there was an iron covering over a rapidly revolving cylinder with projecting teeth or spikes. Appellant stepped on this covering which gave way or sagged under his weight causing his foot and lower leg to be caught and mangled by the cylinder. Early in 1924, appellee shipped the machine to its agent in Oklahoma. In June, 1924, the agent sold it to one Connery. Later Connery sold it to R. R. Smith Hardware Company, and in June, 1928, the hardware company sold it to appellant. The injury to appellant occurred on June 29, 1929, five years after the sale to Connery. This appeal is from an order sustaining demurrer to the complaint.

Counsel for appellant say in their brief that Huset v. J. I. Case Threshing Machine Company (C. C. A.) 120 F. 865, 867, 61 L. R. A. 303, is without question the most important, full and complete case reported covering the proposition involved in the case at bar. Also, they say, "* * * By an examination of the petition in the case at bar it will be observed that the petition brings the case squarely within the exception last above quoted" (third exception noted in the Huset Case). Let us see. The late Judge Walter H. Sanborn spoke for the court in that case. After stating reasons therefor, he concluded:

"The general rule is 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."

But then he said there are three exceptions to that rule, as well settled and established as the rule itself:

"The first is that an act of negligence of a manufacturer or vendor which is imminently dangerous to the life or health of mankind, and which is committed in the preparation or sale of an article intended to preserve, destroy, or affect human life, is actionable by third parties who suffer from the negligence. * * *

"The second exception is that an owner's act of negligence which causes injury to one who is invited by him to use his defective appliance upon the owner's premises may form the basis of an action against the owner. * * *

"The third exception to the rule is that one who sells or delivers an article which he knows to be imminently dangerous to life or limb to another without notice of its qualities is liable to any person who suffers an injury therefrom which might have been reasonably anticipated, whether there were any contractual relations between the parties or not."

Convincing authority is cited in support of the general rule stated in that case and the exceptions, and to each is added the independent reasoning of that able court. As to the third exception noted in that case, it cannot be doubted from the authorities cited, as well as from the opinion in that case, that knowledge of the vendor at the time of sale that the machine sold was imminently dangerous to life or limb is a necessary element to liability. Indeed, there could be no actionable negligence on the part of the seller without such knowledge, because to constitute liability the machine must then be imminently dangerous, known by the seller to be so, sold without giving notice to the buyer of the danger, and the resulting injury one that could be reasonably anticipated by the seller. In the Huset...

To continue reading

Request your trial
20 cases
  • Carter v. Yardley & Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • January 17, 1946
    ...neglect of the manufacturer or supplier, and do so at a time when he cannot recall forgotten events. Lynch v. International Harvester Co. of America, 10 Cir., 60 F.2d 223;Gorman v. Murphy Diesel Co., Del. Super., 29 A.2d 145;Auld v. Sears, Roebuck & Co., 288 N.Y. 515, 41 N.E.2d 927;Curtin v......
  • Carter v. Yardley & Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • January 17, 1946
    ... ... [319 Mass. 100] ... he cannot recall forgotten events. Lynch v. International ... Harvester Co. of America, 60 F.2d 223. Gorman v ... Winfield, Torts (1937) 430, 566-569, 572-579. Seavey, 52 ... Harv. L. Rev. 376-379. Jeanblanc, 24 Va. L. Rev. 134 ... ...
  • Willey v. Fyrogas Co.
    • United States
    • Missouri Supreme Court
    • September 8, 1952
    ...dangerous character. Tayer v. York Ice Machinery Corp., 342 Mo. 912, 119 S.W.2d 240. For similar illustrations see Lynch v. International Harvester Co., 10 Cir., 60 F.2d 223; Gorman v. Murphy Diesel Co., 3 Terry 149, 42 Del. 149, 29 A.2d 145. In this case the water heater was successfully u......
  • Hewitt v. General Tire & Rubber Co., 8038
    • United States
    • Utah Supreme Court
    • May 24, 1955
    ...A. Ray Mfg. Co., 195 N.Y. 478, 88 N.E. 1063; Hecked v. Ford Motor Co., 101 N.J.L. 385, 128 A. 242, 39 A.L.R. 989; Lynch v. International Harvester Co., 10 Cir., 60 F.2d 223; Ford Motor Co. v. Wolber, 7 Cir., 32 F.2d The jury was entitled to consider, in addition, the results of tests and ex......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT