Alschuler v. Rockford Bolt Steel Co.

2 Citing cases

  1. Day v. Barber-Colman Co.

    10 Ill. App. 2d 494 (Ill. App. Ct. 1956)   Cited 61 times
    In Day, the evidence showed that the design alternative there mentioned was not available at the time the defendant placed its product in the stream of commerce.

    ed: Knudson v. Knudson (1943) 382 Ill. 492. Evidence sufficient to defeat such a motion must be evidence upon which the jury could, without acting unreasonably in the eyes of the law, decide in favor of the plaintiff: American Nat. Bank v. Woolard (1930) 342 Ill. 148; Provenzano v. Illinois Cent. R. Co. (1934) 357 Ill. 192. [4, 5] A manufacturer, under Illinois law, is not liable in damages to persons with whom it has no contractual relations and is not in privity for personal injuries or property damages sustained by such persons because of the alleged negligent manufacture of a product, except where the product is inherently, normally, and imminently dangerous, and except where, though not inherently, normally, or imminently dangerous, its nature is such that it may become so if negligently manufactured: Rotche v. Buick Motor Co. (1934) 358 Ill. 507. Other cases to the same effect are: Field v. French (1898) 80 Ill. App. 78; Shepard v. Kensington Steel Co. (1931) 262 Ill. App. 117; Alschuler v. Rockford Bolt Steel Co. (1943) 318 Ill. App. 564; Beadles v. Servel Inc. (1951) 344 Ill. App. 133. Another exception has also been said to be where the manufacturer's negligence consists of a fraudulent or deceitful statement or misrepresentation: Miller v. Sears, Roebuck Co. of Illinois (1928) 250 Ill. App. 340.

  2. Carson v. Weston Hotel Corp.

    97 N.E.2d 620 (Ill. App. Ct. 1951)   Cited 2 times

    [3] Wire Rope claims that plaintiff's case does not come within any exception to the "no privity" rule of liability and that under Illinois law plaintiff is precluded from recovery. It relies mainly upon Alschuler v. Rockford Bolt Steel Co., 318 Ill. App. 564. It contends that its position here is closely analogous to the defendant's position there because in both cases the defendants were the manufacturers of only a part of a completed instrumentality. The cable manufactured by Wire Rope was not a part of the elevator the way the hooks were part of the scaffold in the Alschuler case, nor the way the wheel was part of the automobile in MacPherson v. Buick Motor Co., 217 N.Y. 382.