The plaintiff in error contends, however, that even if the cause of action alleged is maintainable, the defendant in error introduced no evidence to prove one of its essential elements, namely, that the automobile was negligently constructed, and, consequently, the motion to direct a verdict for the plaintiff in error should have been granted. 529, 358 Ill. 507. A cotter pin in the brake mechanism of an automobile is placed where, except by an inspection underneath the car, it is not observed. While the plaintiff was riding in the car, one of the wheels, made of defective wood, crumbled into fragments and the plaintiff was thrown out and injured. 133.) of Automobile Law, sec. With respect to the brakes on these cars, two men at or near the end of a conveyor inspect all the parts as well as the adjustments. Filed: After the return of the verdict, the sales company paid the plaintiff $2500, and obtained from him, to the extent it was concerned, a dismissal of the suit and a covenant not to sue. 413. These ultimate facts can neither be supported by mere speculation or conjecture, nor can they be inferred by the mere fact that an accident occurred which resulted in an injury to a person. Ordinary care in the building of an automobile requires that the free ends of a cotter pin used to hold a clevis in place be clinched or separated. No car with a part missing or defective in any respect passed this inspection. The defendant sold an automobile manufactured by it to a retail dealer who in turn re-sold it to the plaintiff. Get Baxter v. Ford Motor Co., 12 P.2d 409 (Wash. 1932), Supreme Court of Washington, case facts, key issues, and holdings and reasonings online today. Lessons. No record is kept of the automobiles inspected except those found defective and therefore rejected. A motion to direct a verdict for the defendant was made at the close of the plaintiff's evidence and again at the close of all the evidence. The garage owner who towed the automobile to DesPlaines made no particular examination of it at the time. After a new automobile is sold, it is prepared for delivery to the purchaser and this process requires four and one-half or five hours. To this an exception has long been recognized with reference to products which are inherently and normally dangerous, such as poisons, contaminated foods, weapons, explosives, and the like — products which are normally destructive in their nature. 387. Amason v. Ford Motor Co. 80 Fed. Twenty-six days later, on September 8, 1929, accompanied by his son, he drove the automobile to Libertyville, a village about twenty-five miles northwest of Chicago. The defendant in error had driven the car about six hundred miles; he testified that, prior to the accident, the brakes had given him no trouble and that, by their application, he could stop the car, when running at a speed of twenty-five miles an hour, within six or eight feet. A ditch about four feet deep adjoins the roadway. There was no record that the automobile in question was rejected for any defect in the construction or adjustment of the brakes or for any other defect. Motions by the Buick Motor Company for a new trial and in arrest of judgment were denied and judgment was rendered against that company for $17,500. The judgments of the Appellate and superior courts are reversed and the cause is remanded to the superior court. o There is evidence that the defect could have been discovered by reasonable inspection and that the inspection was omitted. On the other hand, courts have declared in later cases that a manufacturer who places in trade and commerce a manufactured article, such as an automobile, which is not inherently dangerous to life or limb, but which may become so, because of its negligent construction, is liable to one who sustains injury by reason of such negligent construction. Docket Number: The wrecked car bore evidence of its impact with the concrete culvert. Without a proper foundation being laid for the evidence, the condition in which the car was found several weeks after the accident had no tendency to show how the parts had been assembled at the factory. He thought he made the examination in December, *Page 511 The nature of an automobile gives warning of probable danger if its construction is defective; and hence, under the rule established by the later cases, the manufacturer of automobiles is liable to a purchaser from a dealer in its cars for its failure to exercise ordinary care in inspecting the wheels, brakes or other parts of the car so purchased, the negligence of the manufacturer causing injury to the purchaser. Both motions were denied. They examined every cotter pin to determine whether it was properly clinched. E. I. Such proof even failed to establish the condition of the car when the accident occurred. 896 (N.Y. 1928) 3rd Party cannot sue water company for failure to provide adequate water to the city under K with city during fire. (2d) 657. These pins were made of soft metal and without exerting effort or skill could be removed or straightened in a few moments. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully." MacPherson v. Buick Motor Co. The defendant in error seeks to trace the accident which gave rise to this case to an unspread cotter pin in the brake mechanism of his automobile. Two witnesses called by the defendant in error stated generally that the automobile was in the same condition when they examined it in Chicago as when they saw it in the field immediately after the accident. Motions by the Buick Motor Company for a new trial and in arrest of judgment were denied and judgment was rendered against that company for $17,500. (2d) 265. A cotter pin in the brake mechanism of an automobile is placed where, except by an inspection underneath the car, it is not observed. Twenty-six days later, on September 8, 1929, accompanied by his son, he drove the automobile to Libertyville, a village about twenty-five miles northwest of Chicago. At a point about a mile northwest of the village of Des Plaines, the automobile, while running at a speed of thirty miles an hour, left the roadway, struck and damaged a concrete culvert, crossed a ditch adjoining the roadway and came to a stop in a ploughed field at a point about twenty feet beyond the ditch. The wrecked car bore evidence of its impact with the concrete culvert. (3 Blashfield's Cyc. With the incompetent testimony excluded, the competent evidence is not sufficiently definite to justify the conclusion that the automobile remained in the same condition from the time of the accident until it was examined by persons who testified that some of the cotter pins were unspread two weeks or more after the accident occurred. Precedential, Citations: Three or four weeks later, pursuant to a request made in behalf of the defendant in error, he examined the automobile in the garage in Chicago to which it had been removed. v. Buick Motor Co. (Cotter Pin Accident) [pg. To recover in an action for strict liability, a plaintiff must prove (1) that an injury resulted from a condition of the product; (2) that the condition was unreasonably dangerous; and (3) that the condition existed at the time the product left the manufacturer's control. Some cases hold that, since an automobile is not a dangerous instrumentality per se, a manufacturer owes no duty to third persons, irrespective of contractual relations, to use reasonable care in its manufacture and, consequently, is not liable to such persons for injuries caused by negligence in construction. The sales company also maintains a system of inspection. of the defect; that in any event, no competent evidence was adduced by the defendant in error to prove that the automobile was defective at the time it was delivered to the dealer or later when the accident occurred, and that, for either of the foregoing reasons, the motion to direct a verdict should have been granted. The defendant in error had driven the car about six hundred miles; he testified that, prior to the accident, the brakes had given him no trouble and that, by their application, he could stop the car, when running at a speed of twenty-five miles an hour, within six or eight feet. The garages in Des Plaines and Chicago to which the wrecked automobile was successively removed were public and accessible to any person who might wish to enter them. In this case the Appellate Court has affirmed a judgment for the plaintiff rendered in an action at law. One of its mechanics inspected the particular car and found the brake rods, cables, clevises and cotter pins in place and correctly *Page 518 After the return of the verdict, the sales company paid the plaintiff $2500, and obtained from him, to the extent it was concerned, a dismissal of the suit and a covenant not to sue. A concrete culvert runs through the roadway and when the automobile of the defendant in error struck it, a portion at the right end was broken off. Certain cotter pins on the left equalizer apparently had not been spread and could readily be removed. Judgement against Buick. He testified that his primary concern was not the automobile, but the condition of the defendant in error, and to ascertain the extent of the latter's injuries, the witness visited him at a hospital the same afternoon. Rules. Nothing in the mechanism underneath the left front fender was broken. '3 MacPherson v. Buick Motor Co.'4 consolidated these decisions by recognizing that all defective products were dangerous and by holding the manufacturer of an automobile liable for negligence ... Rotche v. Buick Motor Co., 358 Ill. 507, 193 N.E. 7870; Eureka Coal Co. v. Braidwood, 72 Ill. 625;Davis v. Alexander City, 137 Ala. 206; PennsylvaniaCo. Nathan Rotche brought an action of trespass on the case in the superior court of Cook county against the Buick Motor Company and the Cicero Buick Sales Company, both corporations, to recover damages for personal injuries. The issue is whether privity (limiting manufacturer’s duty to immediate purchase only) bars recovery. The defendant in error seeks to trace the accident which gave rise to this case to an unspread cotter pin in the brake mechanism of his automobile. ).” 878. 239; Powers v. Boston and Maine Railroad, 175 Mass. The Buick Motor Company applied to this court for a writ of certiorari, the writ was issued and the record of the cause is submitted for a further review. 8 Thompson on Negligence, (White's Supplement,) 1914, sec. It follows that a manufacturer will be liable to a purchaser from a dealer where the competent evidence shows that a cotter pin was not spread when the automobile left the factory and, in consequence, the pin fell from a clevis, the clevis worked out of place, and a cable was released so that, upon the application of sufficient pressure, the brake failed to operate and an accident and injuries to the purchaser resulted. Such proof even failed to establish the condition of the car when the accident occurred. After the car had been taken to his garage, the left front wheel was removed. He testified that his primary concern was not the automobile, but the condition of the defendant in error, and to ascertain the extent of the latter's injuries, the witness visited him at a hospital the same afternoon. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully." Borg-Warner Corp. v. Heine, 128 Fed. The burden was upon the defendant in error to prove by competent evidence, direct or circumstantial, that the plaintiff in error was guilty of negligence in the manufacture or assemblage of the automobile in question. 529; Huff v. Illinois Central R. Co., 362 Ill. 95, 101, 199 N.E. 466; Navigazione Alta Italia v. Vale, 221 Fed. Defectively Designed Products ity had been applied in Illinois for the sale of … The right front tire and left front wheel were destroyed; the rear axle was bent, the top and sides of the body were damaged and a clevis connecting a cable with the left front wheel-brake was missing. (Hunt v Such testimony was not responsive to the allegations of the declaration and could not subject the plaintiff in error to liability. Two witnesses called by the defendant in error stated generally that the automobile was in the same condition when they examined it in Chicago as when they saw it in the field immediately after the accident. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free At rest, the automobile lay on its right side with the front of the car to the northwest. Per CURIAM: Nathan Rotche brought an action of trespass on the case in the superior court of Cook county against the Buick Motor Company and the Cicero Buick Sales Company, both corporations, to recover damages for personal injuries. Another employee of the same company found every cotter pin in place and clinched. By changing inspection practices, Buick was able to avoid liability. o Df - Buick Motor Co. What happened? The contentions of the plaintiff in error are that, even if, at the time the defendant in error bought the automobile from the sales company, it was defective in the respect claimed by him, the defect charged was a patent one and would not subject the manufacturer of the automobile to liability to a third person for injuries suffered as the result. A clevis is a metal device which serves as a connecting medium between the equalizer and the brake. The brake inspectors examine every cotter key or pin to ascertain whether it is properly clinched to hold in place the clevis through which it extends. 1050, (1916) which had expanded the concept that imminently dangerous articles such as explosives, poisons and other things which in their normal operation are implements of destruction, to the concept that any article negligently manufactured, which is reasonably certain to … At the point where the accident occurred, the roadway is eighteen feet wide and built of asphalt. 26 Thus, the courts have almost completely eliminated privity of contract as a necessary element in establishing negligence liability.27 The plaintiff in MacPherson, although not in privity with the manufacturer, was at … On August 13, 1929, Nathan Rotche, forty years of age, employed as a train guard on an elevated railway in the city of Chicago, bought a five-passenger Buick automobile from the Cicero Sales Company. In the field they saw the cable detached, but neither testified that he saw an unspread cotter pin or that such a pin was missing. The reason assigned is that an injury to any person other than the owner for whom the article was built and to whom it was delivered cannot ordinarily be foreseen or reasonably anticipated as the probable result of negligence in its construction. He had an independent recollection of his inspection of the particular car because he permitted it to leave the possession of the sales company without a sufficient supply of gasoline. The burden was upon the defendant in error to prove by competent evidence, direct or circumstantial, that the plaintiff in error was guilty of negligence in the manufacture or assemblage of the automobile in question. The defendant in error admitted that in entering and leaving his garage, he had damaged the fenders and hub-caps on the right side of his car. Returning home in the afternoon, he traveled a portion of the distance over a highway *Page 509 Unlimited access to 50-state and federal cases, statutes, regulations, and rules 2398.) HOWE, RADEMACHER, KREAMER STALLING, A.D. WEAVER, and KREMER, BRANAND HAYES, (THOMAS FRANCIS HOWE, HENRY S. RADEMACHER, and EDWARD B. HAYES, of counsel,) for plaintiff in error. Rotche v. Buick Motor Company, 358 Ill. 507, 193 N.E. his automobile, although he had driven the car six hundred miles, and when running at a speed of twenty-five miles an hour, he could, after applying the brakes, stop the car within a distance of six or eight feet. The defendant in error testified that immediately before the accident, he was driving about two hundred feet behind another automobile whose rear stop signal suddenly flashed; that he immediately applied the foot-brake of his car and while its speed was thereby reduced, the car turned to the right, struck the culvert and plunged through a ditch which he thought was about twelve feet deep; that he had no further recollection of the accident except that later a person inquired where he wished to be taken; that previously he had experienced no trouble with the brakes on his automobile, although he had driven the car six hundred miles, and when running at a speed of twenty-five miles an hour, he could, after applying the brakes, stop the car within a distance of six or eight feet. would not subject the manufacturer of the automobile to liability to a third person for injuries suffered as the result. 200; Nelson v. Stutz Chicago Factory Branch, 341 id. The car was not kept in either garage under the observation or protection of any person. The ends of the clevis are perforated to receive a cotter pin and the free ends of this pin are spread or clinched to prevent the clevis from slipping out of place. v. Owens Co. 125 Minn. 33; MacPherson v. Buick Motor Co.217 N.Y. 382; Johnson v. Cadillac Motor Car Co. Whether there was negligence in the assembly of the parts of the automobile owned by the defendant in error, as a result of which the accident occurred, depends almost wholly upon the condition of the cotter pins previous to the sale of the car. Definition. Citation. Certain cotter pins on the left equalizer apparently had not been spread and could readily be removed. Pin in place and clinched to Motor vehicles is a question on which there is a conflict of decisions Brothers. 336 Ill. 11 ; Bloom v. Vehon Co. 341 id highway * Page accident... 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