Odonnell v. Geneva Metal Wheel Co‪.‬

On May 16, 1944 appellant ODonnell, while engaged in the performance of his duties at an automobile service station in Chicago, was repairing a rubber tube and tire. He had replaced the tire on the rim of a steel wheel and was inflating in with compressed air, when, during the application of the air hose to the valve of the tire, the wheel suddenly disintegrated and flew apart, striking him with great violence on the right side of his face and head, with the result that he was seriously and permanently injured. ODonnell and the United States Casualty Company, under certain rights of subrogation, brought suit in the United States District Court for the Northern District of Ohio against appellee, Geneva Metal Wheel Company, as the manufacturer, alleging it to be guilty of negligence causing the accident, because of defective construction of the wheel, and liable, regardless of privity of contract with appellant, because of its having placed a dangerous instrumentality on the market. Appellants are hereinafter referred to in the singular, as appellant ODonnell.