Cook v. A. Garside & Sons, Inc.

In MacPherson v. Buick Motor Co. (217 N. Y. 382, at p. 389) the court, Cakdozo, J., writing the opinion, said: “ There must be knowledge of a danger, not merely possible, but probable. It is possible to use almost anything in a way that will make it dangerous if defective. That is not enough to charge the manufacturer with a duty independent of his contract.” The application of this language to the instant case requires the granting of the motion to dismiss the complaint. Although injury was a possible consequence of the defective construction of the heel, it was not a probable result. An…