Law Commons^™

Sales - Implied Warranty - Liability Of A Water Company, Edmund R. Blaske

Michigan Law Review

Defendant, a city engaged in supplying water to its inhabitants, was sued by plaintiff, a consumer, for injuries resulting from plaintiff's drinking of lead-poisoned water at a faucet in his home. The water, although pure at the meter, became poisoned when passing through a lead pipe inspected and approved by the water company but owned by the plaintiff. Plaintiff brought his action on two different theories: (1) on implied warranty; (2) in negligence. The trial court instructed the jury without exception or objection from defendant that they might find for plaintiff, under either of these theories. The defendant was successful …