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Guissez, Cousin & Oriolle v. Teffaine

Cass. civ. 16 June 1896 (1896)

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Guissez, Cousin & Oriolle v. Teffaine

France Court of Cassation
Cass. civ. 16 June 1896 (1896)

  • Written by Sharon Feldman, JD

Facts

Guissez and Cousin (defendants) owned a steam tug. Oriolle (defendant) manufactured the steam tug’s engine. Teffaine, a member of the steam tug’s crew, was fatally injured when the engine exploded. Teffaine’s widow (plaintiff) sued for damages in her name and on behalf of Teffaine’s minor children. Guissez and Cousin joined Oriolle as a defendant. Article 1382 of the French Civil Code provided that any man whose act caused damage to another was obliged to repair the damage. Article 1384 provided that one was responsible for damage caused by one’s own act as well the damage caused by the act of others for whom one was obliged to answer or by a thing under one’s care. After finding that the explosion had been caused by a defectively welded pipe and Teffaine was not at fault for the explosion, the court ruled for Guissez and Cousin under Article 1382 on the ground that Teffaine could not show that Guissez and Cousin were at fault. Teffaine’s widow appealed. The Paris Court of Appeal reversed, finding Guissez and Cousin liable to Teffaine and ordering Oriolle to indemnify them. The case was brought to the Cour de Cassation. The Ministry of Justice argued for reversal because of the broad implications the court of appeals’ decision would have for liability.

Rule of Law

Issue

Holding and Reasoning ()

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