Escola v. Coca Cola Bottling Co.

I concur in the judgment, but I believe the manufacturer’s negligence should no longer be singled out as the basis of a plaintiff’s right to recover in cases like the present one. In my opinion it should now be recognized that a manufacturer incurs an absolute liability when an article that he has placed on the market, knowing that it is to be used, without' inspection, proves to have a defect that causes inju^ to human beings. McPherson v. Buick Motor Co., 217 382 [111 N.E. 1050, Ann.Cas. 1916C 440, L.R.A. 1916F established the principle, recognized by this court, t spective of privity of…