MacRes v. Coca-Cola Bottling Co.

I concur in the affirmance of the judgment but I think that all doubt about the theory underlying such affirmance should be removed. The introduction of the concept of contractual privity to an action based on negligence, sounding in tort, has been shown to have been anomalous and unsound. See Bohlen, “Liability of Manufacturers to Persons other than their Immediate Vendees,” 45 Law Quarterly Review, p. 343; Seavey, “Mr. Justice Cardozo and the Law of Torts,” 52 Harvard Law Review, p. 372. Winterbottom v. Wright, 10 M. & W. 109 (152 Eng. Rep. 402), the English case in which the privity…