For Your Data Huset V. Threshing Mach. Co. Illustration Brief Summary

Huset v. Threshing Mach. Co. case brief summary

Year: 1903  

Parties

Huset = laborer employed past times Pifer

Threshing = sold thresher to Pifer

Facts: 

Huset was injured when he brutal through a weak roofing onto the fast-moving cylinder. Laborer sued the manufacturer.

Holding

§         General Rule = Manufacturer is non liable inwards negligence to third parties that are non inwards contact amongst him.

Analysis

§         There are three Exceptions

1.      The production is imminently dangerous + intended to touching human life.

·        Ex. Thomas – chemist mistakenly substituted poisonous substance for the drug.

2.      Owner impliedly invites someone to role the defective product. B/c possessor knew others would use.

·        Ex. Coughtry – contractor invited onto owner’s scaffold, which skirts privity.

·        Fiction = no existent invitation

3.      The production is imminently dangerous + injury is reasonably anticipated.

·        Ex. Langridge – dealer reported that gun was made past times a respected manufacturer; the gun blew up.

·        without out privity, the dealer knew it was imminently dangerous, which skirts privity.

§         This illustration is the third exception = You know people are going to walk on it & it must concur weight.

§         Knew the encompass was weak

§         Concealed the weakness

§      He knew it was imminently dangerous.

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