Noble v. Sears Roebuck & Co.

• Decision Date: 02 October 1935
• Docket Number: No. 20955.,20955.
• Court: U.S. District Court — Western District of Washington
• Parties: NOBLE v. SEARS ROEBUCK & CO. et al.

12 F. Supp. 181

NOBLE v. SEARS ROEBUCK & CO. et al.

No. 20955.

District Court, W. D. Washington, N. D.

October 2, 1935.

Guie & Guie and Moore, Fullerton & Moore, all of Seattle, Wash., for plaintiff.

Poe, Falknor, Falknor & Emory, of Seattle, Wash., for defendant Sears Roebuck & Co.

BOWEN, District Judge.

The question presented on this demurrer is whether or not a seller of an article of merchandise manufactured by another, not known to the seller to be imminently or inherently dangerous to the life or limb of any one who may use it for the purpose for which it is intended, is liable to a third person for injuries resulting from manufacturing defects.

The general rule is that a seller does not impliedly warrant against defects not discoverable by ordinary inspection or test. Hoyt v. Hainsworth Motor Co., 112 Wash. 440, at page 442, 192 P. 918.

One who sells an article known to be imminently dangerous to another, without notice to the buyer of its qualities, is liable to any person who suffers injury therefrom which might have been reasonably anticipated, whether there were contractual relations between the parties or not. Lynch v. International Harvester Co. (C. C. A.) 60 F.(2d) 223; Huset v. J. I. Case Threshing Machine Co. (C. C. A.) 120 F. 865, 61 L. R. A. 303.

A seller of an article of known or described manufacture, manufactured by another, is not liable to the purchaser for damages resulting from latent defects when the article is not known to the seller to be inherently dangerous to the life or limb of any one who may use it for the purpose for which it is intended. Reynolds v. General Electric Co. (C. C. A.) 141 F. 551; Braden v. Mountain Iron & Supply Co. (C. C. A.) 32 F.(2d) 244; Hoyt v. Hainsworth Motor Co., 112 Wash. 440, 192 P. 918. The same rule applies with stronger reason to claims against the seller by third persons for injuries resulting from latent defects, in the absence of notice of defects or of privity of contract, or where the injuries were not reasonably anticipated. Lynch v. International Harvester Co. (C. C. A.) 60 F.(2d) 223; Kramer v. Mills Lumber Co. (C. C. A.) 24 F.(2d) 313, 60 A. L. R. 366; Kress & Co. v. Lindsey (C. C. A.) 262 F. 331, 13 A. L. R. 1170.

Plaintiff's complaint alleges that plaintiff's employer in the restaurant business "purchased from Sears Roebuck & Co. one steam pressure cooker, named `Kook-Kwick,' manufactured by the said National Pressure Cooker Company and sold by it to, by and through the...