MacPherson v. . Buick Motor Co.
New York Court of Appeals
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. The nature of the action and the facts, so far as material, are stated, in the opinion. An automobile is not an inherently dangerous article. (Slater v. Thresher Co., 97 Minn. 305; Danforth v. Fisher, 75 N. H. 111; Cunningham v. Castle, 127 App.
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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. The nature of the action and the facts, so far as material, are stated, in the opinion. An automobile is not an inherently dangerous article. (Slater v. Thresher Co., 97 Minn. 305; Danforth v. Fisher, 75 N. H. 111; Cunningham v. Castle, 127 App. Div. 580; Vincent v. Seymour, 131 App. Div. 200; Lewis v. Snorous, 59 S. E. Rep. [Ga.] 338; Huddy on Automobile, 15; Steffen v. McNaughton,…
1Opinion of the CourtCardozo, J.
The defendant is a manufacturer of automobiles. It sold an automobile to a retail dealer. The retail dealer resold to the plaintiff. While the plaintiff was in the car, it suddenly collapsed. He was thrown out and injured. One of the wheels was made of defective wood, and its spokes crumbled into fragments. The wheel was not made by the defendant; it was bought from another manufacturer. There is evidence, however, that its defects could have been discovered by reasonable inspection, and that inspection was omitted. There is no claim that the defendant knew of the defect and willfully…
2Cases cited16 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Devlin v. . SmithNew York Court of Appeals · 1882
- Sweet v. . PerkinsNew York Court of Appeals · 1909
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Loop v. . LitchfieldNew York Court of Appeals · 1870
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3Cited by1,317 opinions
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- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Moorman Manufacturing Co. v. National Tank Co.Illinois Supreme Court · 1982
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
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