TORTS - LIABILITY OF SUPPLIER OF CHATTELS TO THIRD PERSONS

Defendant leased trucks to plaintiff's employer for road construction purposes, contracting to keep them "in good working order" during the term of the lease. Plaintiff, while working alongside the road, was injured by one of the trucks driven by a fellow employee. Defective horn and brakes were responsible for the injury. Held, defendant is liable to plaintiff for breach of duty on any of three theories: (1) that defendant retained control of the trucks through his covenant to repair, the retention of control creating a duty of reasonable care to the lessee and his employees in making repairs; (2) that the lease was a joint undertaking, and lessor and lessee each owed a duty to the other and his employees to discharge his obligation properly; or, (3) that the truck was a chattel which, if negligently repaired, would be imminently dangerous when applied to its intended use.

Hudson v. Moonier, (C. C. A. 8th, 1939) 102 F. (2d) 96.