Buick v MacPherson. 397.) MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. Rep. 801; Titus v. R. R. Co., 136 Penn. If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. 462 N.Y.A.D. We may find an analogy in the law which measures the liability of landlords. The proximity or remoteness of the relation is a factor to be considered. It was installed in a restaurant. If so, this court is committed to the extension. Rapaport, Lauren _ Escola v. Coca Cola Bottling Co. Case Brief.docx, Rapaport, Lauren _ Skills Workshop 6.docx, Rapaport, Lauren _ Skills Workshop 7.docx, Rapaport, Lauren _ Skills Workshop 5.docx, Rockingham County v. Luten Bridge Co. (Class 13).docx, MacPherson v. Buick Motor Company (Class 29).docx, Mid-Term and Final Preparation and Study Guide.docx, Escola v. Coca Cola Bottling Co. (Class 20).docx, Palsgraf v. Long Island Railroad Co. (Class 24).docx, Rapaport, Lauren _ Byrne v. Boadle and Ybarra v. Spangard Case Briefs.docx. 1050 (1916) is a famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo which removed the requirement of privity of contract for duty in negligence actions. 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. Cases were cited by way of illustration in which manufacturers were not subject to any duty irrespective of contract. Summary: Buick Motor Co. (Defendant) was an automobile manufacturer that sold the injury-causing automobile to a retail dealer. 1132 (N.Y. App. [1905] 1 K. B. In Elliott v. Hall (15 Q. [217 N.Y. 388] Devlin v. Smith was decided in 1882. Facts. (See the criticism of Winterbottom v. Wright, in Bohlen, supra, at pp. (Argued January 24, 1916; decided March 14, 1916.) 1051] William Van Dyke for appellant. This preview shows page 1 - 2 out of 2 pages. ), Edgar T. Brackett for respondent. Under the charge of the trial judge nothing more was [217 N.Y. 395] required of it. 126 N.E. There injury to persons other than the lessee is to be foreseen, and foresight of the consequences involves the creation of a duty (Junkermann v. Tilyou R. Co., 213 N. Y. The defect could have been discovered by reasonable inspection. Div. In MacPherson v. Buick Motor Co. the court held Buick not liable because it did not make the wheel that collapsed and was the proximate cause of injury. The defendant argues that things imminently dangerous to life are poisons, explosives, deadly weapons — things whose normal function it is to injure or destroy. The contractor who builds the scaffold invites the owner's workmen to use it. A poison falsely labeled is likely to injure anyone who gets it. It sold an automobile to a retail dealer. While the plaintiff was in the car it suddenly collapsed and he was thrown out and injured. The meaning is that danger is not to be expected when the vehicle is well constructed. If A leases to B a tumbledown house he is not liable, in the absence of fraud, to B's guests who enter it and are injured. Whatever logical force there; may be in this view it seems to me clear from the language of Judge RAPALLO, who wrote the opinion of the court, that the scaffold was deemed to be an inherently dangerous structure; and that the case was decided as it was because the court entertained that view. 363) to a contractor who furnished a defective rope with knowledge of the purpose for which the rope was to be used. We are not required at this time either to approve or to disapprove the application of the rule that was made in these cases. Loop v. Litchfield (42 N. Y. 156; Kahner v. Otis, 96 App. Yellow Cab Co., 13 Cal. Rep. 497; 221 Fed. [clarification needed] Div. Co. v. Hummell, 167 Fed. An automobile, propelled by explosive gases, certified and put out, as here conceded, to run at a speed of fifty miles an hour, to be managed by whomsoever may purchase it, is a machine inherently dangerous. The defendant, however, was not the manufacturer. MacPherson v. Buick Motor Co. 2 . The car collapsed because a wheel was made of defective wood and the spokes crumbled. In the trial. Buick Motor Co. A famous 1916 New York Court of Appeals decision, MacPherson v. APPEAL, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 8, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. 55, affirmed. The case was decided on a demurrer to the declaration. Which collapsed was defective at p. 351 ) classic, MacPherson involved a car a... None of which the rope was to be macpherson v buick motor co, there is evidence that the defendant knew of the of! 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