MacPherson V Buick Motor Co.
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''MacPherson v. Buick Motor Co.''

is a famous
New York Court of Appeals The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. It consists of seven judges: the Chief Judge of the New York Court of Appeal ...
opinion by Judge
Benjamin N. Cardozo Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his deat ...
that removed the requirement of
privity of contract The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon anyone who is not a party to that contract. It is related to, but distinct from, the doctrine of considera ...
for duty in
negligence Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a neg ...
actions.


Facts

The
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...
, Donald C. MacPherson, a stonecutter, was injured when one of the wooden wheels of his 1909 Buick Runabout collapsed.
as in an English case, ''
Winterbottom v. Wright ''Winterbottom v Wright'' (184210 M&W 109was an important case in English common law responsible for constraining the law's 19th-century stance on negligence. Facts The plaintiff Winterbottom had been contracted by the Postmaster-General to dri ...
''. which is the precursor rule for
product liability Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has ...
. The portion of the ''MacPherson'' opinion in which Cardozo demolished the privity bar to recovery is as follows:


Dissent

Willard Bartlett wrote a dissenting opinion objecting to Cardozo's new rule and conclusion.


See also

*''
Donoghue v Stevenson ''Donoghue v Stevenson''
932 Year 932 (Roman numerals, CMXXXII) was a leap year starting on Sunday of the Julian calendar. Events By place Europe * Summer – Alberic II of Spoleto, Alberic II leads an uprising at Rome against his stepfather Hugh of Italy, Hu ...
AC 562 was a Lists of landmark court decisions, landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in common law jurisdic ...
''
932 Year 932 (Roman numerals, CMXXXII) was a leap year starting on Sunday of the Julian calendar. Events By place Europe * Summer – Alberic II of Spoleto, Alberic II leads an uprising at Rome against his stepfather Hugh of Italy, Hu ...
AC 562, where
Lord Atkin James Richard Atkin, Baron Atkin, (28 November 1867 – 25 June 1944), commonly known as Dick Atkin, was an Australian-British jurist, who served as a lord of appeal in ordinary from 1928 until his death in 1944. He is especially remembered a ...
cited the decision with approval in the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
.
932 Year 932 (Roman numerals, CMXXXII) was a leap year starting on Sunday of the Julian calendar. Events By place Europe * Summer – Alberic II of Spoleto, Alberic II leads an uprising at Rome against his stepfather Hugh of Italy, Hu ...
AC 562 at 598.


Notes


External links

New York state case law United States tort case law 1916 in United States case law Product liability case law 1916 in New York (state) Buick General Motors litigation {{US-case-law-stub