| Show SALVATION FOLDING BEDS the decision of the supreme court of california on monday is likely to have a salutary effect in the ibe folding bed business since it strikes at the roos of ibe trouble under the rule laid down I 1 a furniture turu iture dealer who recommends as sate ate a faulding bed when he be is aware of Us its dangerous character to Is liable for damage that thai follow follone fol lowe hence dealers dealer willex will exercise broise a caution that will bring ibe ehe manufacturer to time in the Oali california fornia case caseb R apperson purchased a folding bed irom from joseph T terry ferry co the fhe bed closed up on miss orace grace E lewis while she was to retire for the night and broke her arm miss lewis brought broukal a suit for kamages terry CD coa but was lie de burred out of court on the ground thea the complaint failed to state facts sufficient to constitute a cause ot of action rou so supreme premo court rever reversed avd the ibe lower curt with instructions to overrule the Ae aud and allow the be case to proceed to trial the court bojak bod when the seller as in the ease case made by by the complaint before us represents the article to 10 be sate safe for the uaen it was designed to serve knows it to be dangerous because ot 01 concealed defects he commits a wrong independent ot of his contract and brings himself within the operation oper aion sion of a principle principia princ ipie of the law of tort the fact thai beds are in general not dangerous would seem to enhance the wrong of representing one to be safe cafe for use wuen known to be realty really unsafe for the danger is thus rendered more insidious si people who purchase folding bus baus upun aun the assurance of a dealer that they are safe okay feel feal that such assurance is an agreement hat the dealer will muse maice good cooil la in money any damage which follows the th use of such piece of household ure ture yet there will be some persons woo will persist in not taking chances of being smothered to death to in these them bails be aie even with the prospect of a sue one otiss ful almage suit in behalf of their executors |
