MEYER v. GEHL CO.


36 N.Y.2d 760 (1975)

Christopher A. Meyer, an Infant, by His Parent and Natural Guardian, Allen L. Meyer, et al., Appellants, v. Gehl Company, Respondent.

Court of Appeals of the State of New York.

Decided March 24, 1975.


Attorney(s) appearing for the Case

Alfred S. Julien and David Jaroslawicz for appellants.

Patrick J. Keniry for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Judge FUCHSBERG dissents and votes to reverse in the following opinion.


Order affirmed, with costs. It is enough to say that the manufacturer was under no duty to foresee that a child of tender years, six in this case, would have been present in and endangered by the type of farm machine involved, a railroad car-sized "unloader wagon" and its exposed internal components.

FUCHSBERG, J. (dissenting).

I dissent because I believe that a quarter century of experience with the patent-danger rule has demonstrated beyond...

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