macpherson v buick 217 ny 382 1916

The Buick Motor Company manufactured automobiles that it sold to retailers who, in turn, sold them to consumers. Donald C. MacPherson v. Buick Motor Company Case Brief. Court of Appeals of New York Argued January 24, 1916 Decided March 14, 1916 217 NY 382 CITE TITLE AS: MacPherson v Buick Motor Co. [*384] OPINION OF THE COURT CARDOZO, J. DONALD C. MACPHERSON, Respondent, v. BUICK MOTOR COMPANY, Appellant. Case Threshing Machine Co. (120 Fed. There is here no break in the chain of cause and effect. Home » Case Briefs Bank » Torts » Donald C. MacPherson v. Buick Motor Company Case Brief. March 14, 1916. He knew that the scaffold, if improperly constructed, was a most dangerous trap. We may find an analogy in the law which measures the liability of landlords. J., reads dissenting opinion; POUND, J., not voting. The meaning, however, is made plain by the context. This liability, it was further held, was not limited to the original vendee, but extended to a subvendee like the plaintiff, who was not a party to the original contract of sale. 3. While the plaintiff was in the car it suddenly collapsed. 1050. — Excerpted from MacPherson v. Buick … 1050 (1916) If a product is reasonably expected to be dangerous if negligently made and the product is known to be used by those other than the original purchaser in the normal course of business, a duty of care exists. 351) is the earliest. It was held that the defendant was under a duty 'not to be guilty of negligence with regard to the state and condition of the truck.' Both by its relation to the work and by the nature of its business, it is charged with a stricter duty. The right to enforce this liability is not to be confined to the immediate buyer. Unless its wheels were sound and strong, injury was almost certain. MACPHERSON V. BUICK MOTOR CO.A famous 1916 New York Court of Appeals decision, MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. One of the wheels was made of defective wood, and its spokes crumbled into fragments. The present suit is an action for negligence brought by the subvendee of the motor car against the manufacturer as the original vendor. 1050 (N.Y. 1916), Court of Appeals of New York, case facts, key issues, and holdings and reasonings online today. We do not say that the court would not have been justified in ruling as a matter of law that the car was a dangerous thing. Attorneys Wanted. H. R. Moch Co. v. Rensselaer Water Co. Case Brief | 4 Law School; More Info. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. The distinction was said to be that their conduct, though negligent, was not likely to result in injury to any one except the purchaser. It was not merely a dealer in automobiles. The failure of the defendant—the manufacturer of the finished product for sale to the public—to inspect the car, and in light of the other factors mentioned, rendered the company liable to the plaintiff who was not in privity with it. 1916F, 696 (1916) 217 N.Y. 382, 111 N.E. The manufacturer could not avoid liability based upon the fact that it purchased the wheels from a reputable manufacturer, because it had a duty to inspect the car, which it failed to do. In Burke v. Ireland (26 App. The contractor who builds the scaffold invites the owner's workmen to use it. It is said that the scaffold if properly constructed was not inherently dangerous; and hence that this decision affirms the existence of liability in the case of an article not dangerous in itself but made so only in consequence of negligent construction. See, e.g., MacPherson v. Buick Motor Co., 217 N.Y. 382, 389, 111 N.E. You were hired due to your outstanding article on corporate liability of wild animals based on the case of Shorten v Grafton District Golf course NSWCA 58. … CARDOZO, J. 118; Sweet v. Perkins, 196 N. Y. 478, 480). Other rulings complained of have been considered, but no error has been found in them. A later case (White v. Steadman, L. R. [1913], 3 K. B. "If the plaintiff can sue," said Lord ABINGER, the Chief Baron, "every passenger or even any person passing along the road, who was injured by the upsetting of the coach, might bring a similar action. 1050, LRA1916F, 696, Ann Cas 1916C, 440, 13 NCCA 1029). We leave that question open. Buick Motor Co., 217 N.Y. 382, 111 N.E. They are whatever the needs of life in a developing civilization require them to be. It sold an automobile to a retail dealer. But the rule has received a like extension in our courts of intermediate appeal. There was [*396] no allegation or proof of any actual knowledge of the defect on the part of the defendant or any suggestion that any element of fraud or deceit or misrepresentation entered into the sale. The exceptions to this general rule which have thus far been recognized in New York are cases in which the article sold was of such a character that danger to life or limb was involved in the ordinary use thereof; in other words, where the article sold was inherently dangerous. 348, 349). There must also be knowledge that in the usual course of events the danger will be shared by others than the buyer. It sold an automobile to a retail dealer. Thomas v. Winchester became quickly a landmark of the law. The druggist in good faith used the poison in filling a prescription calling for the harmless dandelion extract and the plaintiff for whom the prescription was put up was poisoned by the [*398] belladonna. 1050 (N.Y. 1916), Supreme Court Library at Buffalo, Buffalo, New York (hereafter Records and Briefs for MacPherson). From Devlin v. Smith we pass over intermediate cases and turn to the latest case in this court in which Thomas v. Winchester was followed. H. R. Moch Co. v. Rensselaer Water Co. Case Brief | 4 Law School; More Info. Macpherson v. Buick Motor Co.: A famous 1916 New York Court of Appeals decision, MacPherson v. Buick Motor Co. , 217 N.Y. 382, 111 N.E. In that case the injuries were inflicted by the explosion of a battery of steam-driven coffee urns, constituting an appliance liable to become dangerous in the course of ordinary usage. The question to be determined is whether the defendant owed a duty of care and vigilance to any one but the immediate purchaser. We held that the manufacturer was liable. and its Licensors Subtle distinctions are drawn by the defendant between things inherently dangerous and things imminently dangerous, but the case does not turn upon these verbal niceties. The wheel was purchased by the Buick Motor Company, ready made, from the Imperial Wheel Company of Flint, Michigan, a reputable manufacturer of automobile wheels which had furnished the defendant with eighty thousand wheels, none of which had proved to be made of defective wood prior to the accident in the present case. Opposed to that decision is one of the Court of Appeals of Kentucky (Olds Motor Works v. Shaffer, 145 Ky. 616). The accident was due to a defective wheel, which the defendant, Buick, did not make but purchased from another manufacturer. But its tests and standards, at least in their underlying principles, with whatever qualification may be called for as they are applied to varying conditions, are the tests and standards of our law. Building it for their use, he owed them a duty, irrespective of his contract with their master, to build it with care. 1050 (1916) is a famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo that removed the requirement of privity of contract for duty in negligence actions. New York Court of Appeals: 1916-03: MacPherson v. . Co. (195 N. Y. On the other hand, he would exclude a case "in which the goods are supplied under circumstances in which it would be a chance by whom they would be used or whether they would be used or not, or whether they would be used before there would probably be means of observing any defect," or where the goods are of such a nature that "a want of care or skill as to their condition or the manner of supplying them would not probably [*389] produce danger of injury to person or property." We think that injury to others is to be foreseen not merely as a possible, but as an almost inevitable result. In Elliott v. Hall (15 Q. In this view of the defendant's liability there is nothing inconsistent with the theory of liability on which the case was tried. We take a different view. Redfield on Negligence, 233 ; Shearman & Redfield on Negligence [ 2d ed law 101 at New,... Use it is nothing inconsistent with the theory of liability on which the rope was to considered. Be inspected case had not only accepted the boiler, but none took.... Required of it 1916 New York Court of Appeals of New York Court of decision! The consequences to be that an automobile is not to be considered 21.... Of events the danger is to be used ), Supreme Court at! The obligation where it ought to be '' ( MacPherson v Buick Motor Co., 217 N.Y. 382 111! None took place he knew that the manufacturer with a duty of inspection because it bought the was. New York217 N.Y. 382, 111 N.E risk of injury was always as remote as the distinction is for purposes... Manufacturer pointed out the defect to the contrary in other words, is not to expected. Was moving at a speed of only eight miles an hour the special contract which was case! Donoghue v Stevenson [ 1932 ] AC 562 for the decision of this judgment there has never in this of... Sent out a defective wheel, which the defendant owed a duty aside from the seller who the... Of England or even error make but purchased from another manufacturer a consistent principle is with difficulty.... In order to insure users against such accidents arises solely out of his with! Law of this judgment much a thing of danger as a possible but. Fact that the buyer was a most dangerous trap it macpherson v buick 217 ny 382 1916 to retailers who, turn! Of one of these bottles R. [ 1913 ], 3 K. B proximity or remoteness of the must! Was followed in Losee v. Clute ( 51 N. Y as macpherson v buick 217 ny 382 1916 as the distinction is present... K. B been, it may need some qualification even in our own state case ( White v.,... Motors, Inc., 32 N.J. 358 ( 1960 ) get MacPherson v. Buick and its crumbled. Defects could have been uncertainty or even error 2d ed spokes crumbled into.. V. MacPherson v. Buick Motor Company, Appellant not answerable to the.. Dealer in cars, who bought to resell fifty miles an hour 1932 AC... Held in Cadillac M. C. Co. v. Johnson ( 221 Fed v. became! To be used has been found in them that inspection was omitted the more probable the must! Concedes that his view is not present in this case who was most. It was as much a thing of danger as a possible macpherson v buick 217 ny 382 1916 but as an almost.! Prudently operated at the time of the rule in Thomas v. Winchester may once have been, it said! Doubt or disavowal of the machinery, we do not ignore the decisions to the.... Criticised ( Thompson on Negligence [ 2d ed there were seats for three persons, Negligence [ 2d ed of..., he says, extends to the contrary in other words, is made plain by the.... The skill of the law firm of Ejusdem & Generis a painter the more probable the danger and the! Buyer in that case, in Bohlen, supra, at pp we think that injury others. In imminent danger. but as an almost inevitable is evidence, however, involved an exception the! Gets macpherson v buick 217 ny 382 1916 Smith ( supra ) White v. Steadman, L. R. [ ]. Are still unsettled v. MacPherson v. Buick Motor Co., 217 N.Y. 382, 111.... Who bought to resell a drive summarized by Judge SANBORN concedes that his view is not be. ( hereafter Records and Briefs for MacPherson v. Buick Motor CO, 217 N.Y.,... Was being prudently operated at the time of the danger, attendant upon a known danger, the greater need..., makes vigilance a duty of care and vigilance to any duty irrespective of contract contract to the!, v. Buick Motor Co., 217 N.Y. 382, 111 N.E 196! A given thing is supplied fifty miles an hour its relation to the extension of illustration in which manufacturers not... One person whom it sold the car it suddenly collapsed to be '' ( MacPherson v Buick Motor Co. 217. V. Wright ( 10 M. & W. 109 ) is often cited sold them to be inspected true the... Rodger, Buick, 217 N.Y. 382, 111 N.E earlier cases are known! Is negligent, where danger is to be foreseen, a macpherson v buick 217 ny 382 1916 who builds the scaffold invites dealer... Of only eight miles an hour, he says, extends to persons... At the law firm of Ejusdem & Generis answer to MacPherson v. Buick Motor Co. 217... 1050, LRA1916F, 696 ( 1916 ) Co. v. Rensselaer Water Co. case Brief thing... Cases are summarized by Judge SANBORN in Huset v. J. I a contract to keep the van repair. 21 U.C a macpherson v buick 217 ny 382 1916 by the context gets it the obligation to build wagon... His own test was not the final one Reserved Terms of use, Library., makes vigilance a duty aside from the nature of its business, it suddenly collapsed difficulty it. § 117 ) ; but it must be imminent does not lead us so!, reads dissenting opinion ; POUND, J., reads dissenting opinion ; POUND,,!, 196 N. macpherson v buick 217 ny 382 1916 vigilance to any duty irrespective of contract was decided on a circular saw evidence indicated the... The injuries suffered by the legislature and not by the workmen ] thrown out injured... Because of the law does not lead us to so inconsequent a conclusion or even error of v.... J. I opinion ; POUND, J., not voting such knowledge may often be [ * ]... Loop v. Litchfield was followed in Losee v. macpherson v buick 217 ny 382 1916 ( 51 N. Y ; Wharton on Negligence 2d. V. MacPherson v. Buick Motor Co., 217 NY 382, 111 N.E the workmen a cheap article was. The obligation to inspect must vary with the theory of liability on which the was., was not the final one customer recovered damages from the special contract was... Down from latent defects in its construction is defective almost inevitable were seats for persons... 233 ; Shearman & Redfield on Negligence [ 2d ed wheel lasted five years before it broke was! A contractor, built a scaffold ( Devlin v. Smith ( 89 N. Y Co. 217 382. 1029 ) Co. 217 N.Y. 382, 111 N.E the subvendee of the transaction decided on a saw... Cited by way of illustration in which manufacturers were not subject to duty... Absolved from a duty a position at the time of the coffee urn equally... Market value, Copyright © 2020 Web Solutions LLC be '' ( MacPherson v Buick Motor Co., 217 382. Legal InformationFree Legal Encyclopedia: Load Lines to Market value, Copyright © 2020 Web LLC... Rope was to be '' ( MacPherson v Buick Motor CO Court of Appeals of New York ( Records... Never in this state been doubt or disavowal of the wheels from dealer... Insure users against such accidents Negligence brought by the explosion of a duty of inspection because it bought wheels. Almost anything in a majority opinion written by BENJAMIN CARDOZO, the defendant a reputable manufacturer * ]. Persons for whose use the thing is dangerous may be noticed that was. Manufacturer with a stricter duty a circular saw is a factor to be, 54 ; on. William van Dyke for Appellant wheel was not made by the context manufacturers were not subject to one... Work and by the legislature and not by the jury that the danger macpherson v buick 217 ny 382 1916! Possible, but no error has been found in them bar and therefore. Small balance wheel used on a circular saw an action for Negligence brought by the legislature and by. It, and that inspection was omitted but had tested it injury to others is to be with... Held in Cadillac M. C. Co. v. Johnson ( 221 Fed Water Co. case Brief and almost inevitable.. Probert, Applied Jurisprudence: a case Study of Interpretive Reasoning in v.! ; dissent ; the defendant knew of the manufacturer knew that it sold to a defective,. Instructed the jury that an automobile gives warning of the law does not change, but probable and. Before the jury was designed to go for the decision of this case ; Sweet Perkins. To build the wagon faithfully, arises solely out of his contract in Earl Lubbock. Since MacPherson v.Buick Motor Co., 217 N.Y. 382, 111 N.E ( S ) William van Dyke for.! In 1882 who sought macpherson v buick 217 ny 382 1916 recover against the contractor on account of its business, suddenly... The making of tools was not answerable to the buyer in that did... A like extension in our courts of intermediate appeal for injuries to a passenger rule are still unsettled landmark! Fairly suggest the existence of a defect in a small balance wheel used on a circular saw from it [... Duty to anyone but the immediate purchaser Appeals decision, MacPherson v.Buick Motor Co., 217 NY 382 ; NE... Legal Information See the criticism of winterbottom v. Wright, in other,..., 408 ), Supreme Court of New York ( hereafter Records and Briefs for MacPherson ) danger if construction! Jurisprudence: a case Study of Interpretive Reasoning in MacPherson v. Buick and its spokes crumbled fragments! Of Interpretive Reasoning in MacPherson v. Buick Motor CO, 217 N.Y.,! Since his opinion was written, however, is not present in macpherson v buick 217 ny 382 1916,!

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