IN Liriano v. Hobart Corporation, 170 F.3d 264 (2d Cir. 1999), the Second Circuit examined a manufacturer’s duty to warn, applying 19th century concepts applied by Oliver Wendell Holmes. Lorenzo v. Wirth, 170 Mass. 596, 49 N.E. 1010 (1898). Plaintiff fell into an open hole. Justice Holmes held “no liability”:
A heap of coal on a sidewalk in Boston is an indication, according to common experience, that there very possibly may be a coal hole to receive it.
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