Defendant sold a contractor a trial can of waterproofing materials recommended for the interior of silos. The contractor used this on the interior of a watertank being built in plaintiff's barn. While it was being applied the fumes from the preparation came in contact with a kerosene lamp used to light the interior of the tank, causing an explosion which burned the plaintiff's barn. The ingredients of the waterproofing material were highly inflammable and toxic, but the container bore no warning of these facts. Held, that recovery could be had for the damage to plaintiff's property, the evidence being sufficient to support the jury's findings that the preparation was imminently dangerous and that under the circumstances the defendant was negligent in selling it to the contractor without any warning. Genesee County Patrons Fire Relief Ass'n v. L. Sonneborn Sons Inc., (N. Y. 1934) 189 N. E. 551.
NEGLIGENCE - LIABILITY OF MANUFACTURER TO THIRD PERSONS - RECOVERY FOR PROPERTY DAMAGE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol32/iss7/15