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Loop v. Litchfield

42 N.Y. 351 (1870)

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Loop v. Litchfield

New York Court of Appeals
42 N.Y. 351 (1870)

  • Written by Sharon Feldman, JD

Facts

Lyman Litchfield and Duandler Moore (collectively, Litchfield) (defendants) manufactured a balance wheel to be used with a circular saw. The balance wheel was negligently casted and had a large hole in its rim. Litchfield concealed the hole by boring through the rim and filling the hole with lead, which further weakened the rim. Litchfield sold the wheel to Leverett Collister, who leased to Jeremiah Loop a frame on which the wheel was attached. Five years after the wheel was manufactured, Loop was using it to saw wood when the wheel burst and a fragment hit him in the side. Loop died as a result. George Loop and Richard Bennett (Loop’s representatives) (plaintiffs) brought an action on behalf of Loop, alleging that Loop’s death was caused by Litchfield’s negligence. The evidence at trial showed that Litchfield pointed out the defect in the wheel’s rim before selling the wheel to Collister and that Collister purchased the wheel with full knowledge of the defect. The only question submitted to the jury was whether Litchfield’s negligence produced Loop’s injury. The jury found for Loop’s representatives. The general term reversed. On appeal, Loop’s representatives argued that Litchfield’s negligence made the wheel a dangerous instrument.

Rule of Law

Issue

Holding and Reasoning (Hunt, J.)

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