
    No. 830
    BRECK v. ROLLOWAY MOTOR CO.
    No. 19968.
    Supreme Court
    On motion to certify.
    Dock. July 12, 1926;
    4 Abs. 493.
    829. NEGLIGENCE — May the manufacturer of an automobile accessory be held for damages resulting from the defective condition of the accessory when the same is sold and installed to the injured party by a retail dealer?
    Note — OA. opinion will be found in 4 Abs. 600.
    Attorneys — Johnson, Johnson & Farber for Breclf; Fraser, Hiett & Wall for Company; all of Toledo.
   This action was brought originally by Theodore Breck against the Rolloway Motor Company in the Lucas Common Pleas for damages resulting from personal injury sustained by the alleged negligence of the Motor Company in manufacturing a steering wheel.

It appears that the wheel was sold and installed by a retail merchant and the evidence disclosed the defective condition of the wheel and that Breck attempted to show that the Company had been negligent in the manufacture of the same.

The judgment of the Common Pleas in directing a verdict in favor of the company was affirmed by the Court of Appeals.

Breck in the Supreme Court contends:

1. That he was denied his constitution al right of a trial by jury.

2. That the manufactuer was liable to Breck as an ultimate consumer on the ground that the wheel was a “dangerously defective article”.  