“[T]he Nebraska Supreme Court has adopted in substance section 402A of the Restatement (Second) of Torts.”
How later courts described this case
- “[T]he Nebraska Supreme Court has adopted in substance section 402A of the Restatement (Second) of Torts.”
- “[T]he Nebraska Supreme Court has adopted in substance section 402A of the Restatement (Second
- requiring a strict liability plaintiff to show he was "rightfully using that product”
Written by the judges who cited it.
The opinion
Newton, J.,
dissenting.
The evidence shows that the automobile in which plaintiff was a passenger was being operated at a speed of 50' to 55 miles per hour. It is not contended that the brakes were defective, yet the vehicle traveled over 385 feet from the time it first left the paved portion of the highway until it upset. It could readily have been stopped within that distance. Even if we accept all of plaintiff’s contentions, it is apparent that the sole proximate cause of the accident was the failure of the driver to apply the brakes and stop.