Tonsman v. Greenglass

It is a long established general rule that the manufacturer of a defective article is not liable to an ultimate consumer, who has purchased from a middleman, for injuries resulting from negligence in its manufacture, where there is neither fraud nor privity of contract, and the defective article is not inherently dangerous. Tompkins v. Quaker Oats Co. 239 Mass. 147, and cases cited. Windram Manuf. Co. v. Boston Blacking Co. 239 Mass. 123. 17 A. L. R. 674 note, and cases collected.

The courts generally, although on various grounds, recognize as an exception to this rule the liability of the…