Defendant manufactured a type of building lath which was represented to the trade as "practical and satisfactory" and as "a sufficient and superior base for plaster on walls and ceilings in building construction." These laths were sold through another defendant, a supply company, to the plaintiffs, who were builders and owners. The laths were defectively constructed and would not retain plaster after installation. Consequently, the plaintiffs were compelled to remove the plaster and to purchase and install different laths at a high expense. Plaintiffs sued both the manufacturer and the supplier for the damages sustained. Held, a motion for dismissal was properly granted, since the injury suffered was not the type of harm contemplated under the rule that a manufacturer of an imminently dangerous article is liable for injuries resulting from its defective construction. A. J. P. Contracting Corp. v. Brooklyn Builders Supply Co., 171 Misc. 157, 11 N. Y. S. (2d) 662 (1939), affd. 258 App. Div. 747, 15 N. Y. S. (2d) 424 (1939).
Michigan Law Review,
TORTS - LIABILITY OF MANUFACTURER OR SUPPLIER OF DEFECTIVE CHATTEL - LIMITATION ACCORDING TO TYPE OF HARM,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol38/iss5/25