MacPherson v. Buick Motor Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Donald 0. MacPherson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 3d day of July, 1912, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Saratoga Trial Term.
1Opinion of the Court
Betts, J.:
The plaintiff was the owner of an automobile known as a model 10 runabout purchased by him of Close Brothers who had purchased the samé from the defendant, the manufacturer thereof. While operating said automobile upon the public highway one of the rear wheels collapsed by which plaintiff was thrown out and injured. He brought this action against the defendant, as manufacturer, alleging that the defendant was careless and negligent in the manufacture of said automobile and failed to use due care in its construction and in testing the same, and the materials of which it was made, and…
2Cases cited8 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Devlin v. . SmithNew York Court of Appeals · 1882
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Statler v. George A. Ray Manufacturing Co.New York Court of Appeals · 1909
- Torgesen v. . SchultzNew York Court of Appeals · 1908
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3Cited by3 opinions
- Quackenbush v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Quackenbush v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Cook v. People's Milk Co.New York Supreme Court · 1915