(Download) "Belcher v. Lentz Hardware Co." by Department One No. 28625 Supreme Court of Washington ~ eBook PDF Kindle ePub Free
eBook details
- Title: Belcher v. Lentz Hardware Co.
- Author : Department One No. 28625 Supreme Court of Washington
- Release Date : January 11, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
MILLARD, J. -- Plaintiff was seriously burned March, 1940, while using on his own premises a ""Super-flame"" gasoline operated weed burner purchased by a school district in Yakima county September, 1939, from defendant corporation, a retail hardware dealer. On the [13 Wash2d Page 524] theory that the proximate cause of his injury was the defective construction of the weed burner, of which defective condition defendant had knowledge or notice, and that plaintiff relied upon defendant's misrepresentation that the weed burner was safe, sound to use, and well suited for the purpose for which it was sold, plaintiff instituted this action to recover against defendant for personal injury he sustained. The cause was tried to the court sitting with a jury. Defendant's challenge, at the close of plaintiff's case, to the sufficiency of the evidence and defendant's motion for a directed verdict, at the close of plaintiff's case, were denied. Defendant's motion for judgment notwithstanding the disagreement of the jury was granted. Plaintiff's motion for new trial was overruled. Plaintiff appealed. Counsel for appellant contend that an instrumentality, such as a weed burner which uses gasoline under pressure for fuel, is in itself imminently and inherently dangerous unless properly constructed; that the weed burner was purchased upon specific representations and warranties of respondent (who had knowledge or notice that the weed burner was improperly, defectively, and dangerously constructed) that the weed burner was a safe instrument to be used for the purpose for which it was intended; and that, by reason of defective construction of the weed burner, appellant sustained injuries to recover for which this action was instituted.