No record is kept of the automobiles inspected except those found defective and therefore rejected. Subsequent cases have extended the protection of the rule to guests and to per- The case of MacPherson v. Buick Motor Co. supra, is one of the leading authorities upon this subject. ... Rotche v. Buick: Definition. Its nature gives warning of the consequences to be expected. After the car had been taken to his garage, the left front wheel was removed. He testified that his primary concern was not the automobile, but the condition of the defendant in error, and to ascertain the extent of the latter's injuries, the witness visited him at a hospital the same afternoon. Some cases hold that, since an automobile is not a dangerous instrumentality, The plaintiff in error contends, however, that even if the cause of action alleged is maintainable, the defendant in error introduced no evidence to prove one of its essential elements, namely, that the automobile was negligently constructed, and, consequently, the motion to direct a verdict for the plaintiff in error should have been granted. At the factory two men stationed at a conveyor inspected the parts and adjustments of the car. To this an exception has long been recognized with reference to products which are inherently and normally dangerous, such as poisons, contaminated foods, weapons, explosives, and the like — products which are normally destructive in their nature. We of Automobile Law, sec. The brake inspectors examine every cotter key or pin to ascertain whether it is properly clinched to hold in place the clevis through which it extends. The contentions of the plaintiff in error are that, even if, at the time the defendant in error bought the automobile from the sales company, it was defective in the respect claimed by him, the defect charged was a patent one and *Page 513 In its opinion holding the defendant liable, the court said: "If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. 2398.) MacPherson v. Buick Motor Co. Borg-Warner Corp. v. Heine, 128 Fed. adjusted. 529 (1934); Carter v. Yardley & Co., 319 Mass. Returning home in the afternoon, he traveled a portion of the distance over a highway *Page 509 (2d) 657. Get MacPherson v. Buick Motor Co., 111 N.E. Certain cotter pins on the left equalizer apparently had not been spread and could readily be removed. After inspection each automobile is tagged and kept for two weeks. It appears from the evidence that cotter pins are made of narrow strips of half-round soft metal, the flat sides of which are bent together to form a full round two piece metal body with a loop at one end. The tire marks on the earth embankment made just before the automobile struck the concrete culvert showed that the brakes had been applied and apparently operated effectively. Such testimony was not responsive to the allegations of the declaration and could not subject the plaintiff in error to liability. At a point about a mile northwest of the village of Des Plaines, the automobile, while running at a speed of thirty miles an hour, left the roadway, struck and damaged a concrete culvert, crossed a ditch adjoining the roadway and came to a stop in a ploughed field at a point about twenty feet beyond the ditch. Two witnesses called by the defendant in error stated generally that the automobile was in the same condition when they examined it in Chicago as when they saw it in the field immediately after the accident. An attorney at law, related to the defendant in error by marriage, examined the wrecked automobile in the field shortly after the accident. He observed that the cable leading to the arm extending from the left front shoe-brake was hanging down and that certain cotter pins were missing. No car with a part missing or defective in any respect passed this inspection. The defendant in error had driven the car about six hundred miles; he testified that, prior to the accident, the brakes had given him no trouble and that, by their application, he could stop the car, when running at a speed of twenty-five miles an hour, within six or eight feet. v. Marion, 104 Ind. The plaintiff in error insists that such a defect or omission, if assumed, is a patent one, open and visible to every person and readily adjusted or corrected, and cannot, in the event personal injury or property damage ensues, charge the manufacturer with liability therefor. No other witness saw the automobile immediately after the *Page 517 The burden was upon the defendant in error to prove by competent evidence, direct or circumstantial, that the plaintiff in error was guilty of negligence in the manufacture or assemblage of the automobile in question. Reason. 4th Cir. He thought he made the examination in December, 1929. CourtListener is sponsored by the non-profit Free Law Project. v. Owens Co. 125 Minn. 33; MacPherson v. Buick Motor Co.217 N.Y. 382; Johnson v. Cadillac Motor Car Co. Pont de Nemours & Co. v. Braidwood, 72 Ill. 625 ; Davis v. Alexander City 137. That a clevis and two cotter pins on the left equalizer apparently had not been spread could. ; Nelson v. 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