of Automobile Law, P. 2399. 110.) No. White Motor Co.,' the plaintiffs sued to recover the costs they incurred in (1) repairing their tractor- trailer unit, (2) repairing the bus, and (3) settling the personal injury 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. Unlimited access to 50-state and federal cases, statutes, regulations, and rules The card which he filled out upon the completion of his inspection was introduced in evidence and showed that he had checked various items among which were the adjustments of the clutch, the pedals and the brakes. He found evidence of tire marks on the right earth abutment for a distance of twenty feet. The automobile concerning which the present controversy arises was sold and delivered to the Cicero Buick Sales Company on August 5, 1929. Procedural History: Π sued ∆ to recover for personal injuries Original case: Cierco Buick Sales Co. was also a ∆ Trial court ruled in favor of π … Written and curated by real attorneys at Quimbee. A cotter pin in the brake mechanism of an automobile is placed where, except by an inspection underneath the car, it is not observed. Abutting each of the two sides of the pavement is an earth filling about four feet wide. Quimbee Recommended for you 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 its opinion holding the defendant liable, the court said: "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. 1929. A ditch about four feet deep adjoins the roadway. Legislation and the Regulatory State - Heidi Gorovitz Robertson LAW 515 Section 4, 5 8 Thompson on Negligence, (White's Supplement,) 1914, sec. Certain cotter pins on the left equalizer apparently had not been spread and could readily be removed. The jury found the defendants guilty and assessed the plaintiff's damages at $20,000. 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. 1916F 696], established the principle, recognized by this court, that irrespective of privity of contract, the manufacturer is responsible [24 Cal.2d 462] for an injury caused by such an article to any person who comes in lawful contact with it. 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 seeks to trace the accident which gave rise to this case to an unspread cotter pin in the brake mechanism of his automobile. 413. 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. 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. rely on donations for our financial security. 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. 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. (Sheward v. Another employee of the same company found every cotter pin in place and clinched. The inspection includes, among other things, the removal of the wheels, the greasing of the bearings, the oiling of brake connections and the testing of the brakes by driving the car at a speed of thirty-five miles an hour. Soule v. General Motors Corporation Case Brief - Rule of Law: In a defective design products liability case involving a complex product, the proper standard to The Buick Motor Company ships its automobiles to be sold to dealers in and about Chicago to its plant in the southwest part of that city. He testified that he found all the cotter pins in place and properly spread or clinched; that the brakes were in the same condition when the car was sold to the defendant in error as when it was received from the manufacturer; that the cotter pin which witnesses called by the defendant in error testified was missing, he actually saw in its proper place; that it held the clevis and that the ends of the cotter pin were spread or separated. 466; Navigazione Alta Italia v. Vale, 221 Fed. No car with a part missing or defective in any respect passed this inspection. 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 *Page 513 ALFRED ROY HULBERT, for defendant in error. 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. The case of MacPherson v. Buick Motor Co. supra, is one of the leading authorities upon this subject. They examined every cotter pin to determine whether it was properly clinched. On the other hand, courts have declared in later cases that a manufacturer *Page 514 The sales company caused further inspections to be made. This court, in such a situation, is precluded from weighing the evidence to determine where the preponderance lies. (2d) 657. He testified that he found all the cotter pins in place and properly spread or clinched; that the brakes were in the same condition when the car was sold to the defendant in error as when it was received from the manufacturer; that the cotter pin which witnesses called by the defendant in error testified was missing, he actually saw in its proper place; that it held the clevis and that the ends of the cotter pin were spread or separated. 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. The surface of the pavement slopes from the center to the sides and the surface is somewhat uneven. Abutting each of the two sides of the pavement is an earth filling about four feet wide. A clevis was missing. 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. 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 automobile was first towed to a garage in the village of Des Plaines. Definition. The tire marks on the earth embankment made just before the automobile struck the concrete culvert showed that the brakes had been applied and apparently operated effectively. Precedential, Citations: Ample opportunity was afforded after the accident and before any witness took particular notice of the car to tamper with the cotter pins. A witness, formerly employed in the repair and sales departments of automobile companies, testified, over objection, that he examined the automobile in the garage in Chicago. An attorney at law, related to the defendant in error by marriage, examined the wrecked automobile in the field shortly after the accident. 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. 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. MacPherson v. Buick Motor Co. , 217 N.Y. 382, 111 N.E. The plaintiff in error insists that such a defect or omission, if assumed, is a patent one, open and visible to every person and readily adjusted or corrected, and cannot, in the event personal injury or property damage ensues, charge the manufacturer with liability therefor. Rules. 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. Testimony concerning the condition of cotter pins in the brake mechanism several weeks after the accident occurred without proof that the condition of the pins remained unchanged was inadmissible and should have been excluded. 239; Powers v. Boston and Maine Railroad, 175 Mass. Customer sued manufacturer for negligence after suffering injuries caused by a defective wheel on vehicle. Lessons. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Rotche, the defendant in error, suffered injuries necessitating an operation upon his left leg and foot. Two employees at this plant inspect the brakes of all automobiles received from the factory at Flint, Michigan. The surface of the pavement slopes from the center to the sides and the surface is somewhat uneven. The Buick Motor Company ships its automobiles to be sold to dealers in and about Chicago to its plant in the southwest part of that city. 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. The case of MacPherson v. Buick Motor Co. supra, is one of the leading authorities upon this subject. It is a general rule that manufacturers are not liable in damages to persons with whom they have no contractual relations for personal injuries sustained by such persons because of the negligent manufacture of the former's product. The inspection includes, among other things, the removal of the wheels, the greasing of the bearings, the oiling of brake connections and the testing of the brakes by driving the car at a speed of thirty-five miles an hour. He thought he made the examination in December, *Page 511 529 (1934); Fahrforth v. ... Mutart v. Allstate Ins. 110.) ( Bowman v. Woodway Stores, 345 Ill. 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." 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. of Automobile Law, p. 387. Another employee of the sales company also inspected the car. In its opinion holding the defendant liable, the court said: "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. They examine the pins and cotter keys in the brake connections and inspect the steering mechanism. of Automobile Law, P. 2399. 7870; Eureka Coal Co. v. Braidwood, 72 Ill. 625;Davis v. Alexander City, 137 Ala. 206; PennsylvaniaCo. (Hunt v I"m so looking forward to meeting you. (, 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. 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. At the manufacturer's plant in Chicago, two employees inspected the brakes, the cotter keys in the brake connections and the steering mechanism of all cars. Ample opportunity was afforded after the accident and before any witness took particular notice of the car to tamper with the cotter pins. Evidence. MacPherson v. Buick Motor Co. Rotche v. Buick Motor Co., 358 Ill. 507, 516, 193 N.E. We recognize that the evidence must be regarded in its aspects most favorable to the plaintiff. Here's what you'll need to prepare for the first week of class. 529 (Ill. 1934) - Supreme Court of Illinois Parties: π: Nathan Rotche; ∆: Buick. 1916C 440, L.R.A. It appears from the evidence that cotter pins are made of narrow strips of half-round soft metal, the flat sides of which are bent together to form a full round two piece metal body with a loop at one end. 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." 21627. contains alphabet). The automobile was first towed to a garage in the village of Des Plaines. in its aspect most favorable to the plaintiff, with all the inferences reasonably deducible, there is a total failure to prove an element necessary to maintain the cause of action alleged. (2d) 26. MacPherson v. Buick Motor Co. H.R. 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 *Page 510 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. Rotche, the defendant in error, suffered injuries necessitating an operation upon his left leg and foot. In this case the Appellate Court has affirmed a judgment for the plaintiff rendered in an action at law. 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 cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. The judgments of the Appellate and superior courts are reversed and the cause is remanded to the superior court. He found the motor cracked, the right front tire exploded, the right rear wheel broken, and a cable and other machinery loose. Plaintiff sued the Defendant, Buick Motor Co. (Defendant), the original manufacturer of the car, on an action for negligence. Rotche v. Buick Motor Company, 358 Ill. 507, 193 N.E. Law Project, a federally-recognized 501(c)(3) non-profit. 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 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. One of its mechanics inspected the particular car and found the brake rods, cables, clevises and cotter pins in place and correctly *Page 518 He then found that a clevis and two cotter pins were missing. 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. 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. Please log in or sign up for a free trial to access this feature. Testimony concerning the condition of cotter pins in the brake mechanism several weeks after the accident occurred without proof that the condition of the pins remained unchanged was inadmissible and should have been excluded. Certain cotter pins on the left equalizer apparently had not been spread and could readily be removed. The automobile concerning which the *Page 512 CourtListener is sponsored by the non-profit Free Law Project. No record is kept of the automobiles inspected except those found defective and therefore rejected. A ditch about four feet deep adjoins the roadway. Some cases hold that, since an automobile is not a dangerous instrumentality, 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. The manufacturer will be deemed to have had notice of a defect if the evidence shows that, upon proper inspection, the defect was so evident that it could not have escaped attention.Olds Motor Works v. *Page 515 Shaffer, 145 Ky. 616; 3 Blashfield's Cyc. Welcome to Leg/Reg! ... Rotche v. Buick: Judgement against Buick. Reversed and remanded. The mere fact that an accident resulting in an injury to a person or in damage to property has occurred does not authorize a presumption or inference that the defendant was negligent. 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