| Thorpe - Technology & Engineering - 1979 - 126 pages
...manufacturer's liability did extend to the user, because "If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is a thing of danger; and if to the element of danger there is added knowledge that the thing will be... | |
| Harry Duintjer Tebbens - Law - 1979 - 466 pages
...for injuries caused by a defective wheel. He held that, "If the nature of a thing is such that it is reasonably certain to place life and limb in peril...when negligently made, it is then a thing of danger ... If to the element of danger there is added knowledge that the thing will be used by persons other... | |
| John S. Allee, Theodore V. H. Mayer, Robb W. Patryk - Law - 1984 - 1216 pages
...dangerous," can provide the basis for recovery in negligence by a person lacking privity if the product "is reasonably certain to place life and limb in peril when negligently made" and "there is added knowledge that the thing will be used by persons other than the purchaser, and... | |
| Susanne Wesch - Products liability - 1994 - 368 pages
...Judge Cardazo, 217 NY 382, 384 u. 111 NE 1050, 1053: «If the nature of a thing is such that it is reasonably certain to place life and limb in peril...made, it is then a thing of danger. Its nature gives waraing of the consequences to be expected. If to the element of danger there is added knowledge that... | |
| Morton Keller - Business & Economics - 1990 - 324 pages
...to create new interests," his governing principle — "If the nature of the thing is such that it is reasonably certain to place life and limb in peril...when negligently made, it is then a thing of danger" — had broad implications for an advanced industrial-consumer economy.53 In our time the courts have... | |
| Martin P. Golding - Law - 2001 - 180 pages
...urn is equally true of bottles of aerated water (Torgesen v. Schult?., 192 NY 156, 84 NE 956). . . . reasonably certain to place life and limb in peril...Its nature gives warning of the consequences to be ex pected. If to the clement of danger there is added knowledge that the thing will be used by persons... | |
| Thomas Koenig, Michael Rustad - Law - 2003 - 363 pages
...Cardozo stated that "if the nature of the thing is such that it is reasonably certain to produce loss of life and limb in peril when negligently made, it is then a thing of danger." This case extended doctrine first recognized in Thomas v. Winchester for poisons to other consumer... | |
| Laura Nader - Social Science - 2002 - 286 pages
...to a world that places the burden on the manufacturer: If the nature of a thing is such that it is reasonably certain to place life and limb in peril...consequences to be expected. If to the element of danger then is added knowledge that the thing will be used by persons other than the purchasers and used without... | |
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