Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MARTIN BROTHERS MILL FOUNDRY SUPPLY COMPANY v. FRUEHAUF CORPORATION.

PER CURIAM.

The trial judge found that load imbalance rather than defective design caused the trailer sold by the defendant to the plaintiff Martin Brothers Mill Foundry Supply Company to tip over.

We have examined the record and conclude that such finding was not clearly erroneous. GCR 1963, 517.1. That finding precludes recovery on plaintiffs' implied warranty as well as on their negligence counts. Piercefield v. Remington Arms Company, Inc. (1965), 375 Mich. 85, 98; Prosser, Torts (3d ed), p 683, n 63.

Affirmed. Costs to appellee.

LEVIN, P.J., and BURNS and DALTON, JJ., concurred.

Use AI to get other relevant cases.

Comments

MARTIN BROS. MILL FOUND. SUP. v. FRUEHAUF CORP
(May 31, 1968)