Sylvania Electric Products, Inc. v. Irene Barker, Irene Barker v. Sylvania Electric Products, Inc.

I concur in the opinion and judgment of the court.

It is undisputed that under the substantive law of Nebraska a manufacturer owes a duty of ordinary care to remote but foreseeable users of his manufactured products, and is liable to such users for harm proximately caused by the manufacturer’s negligence. If suit had been brought in a Massachusetts state court on this alleged Nebraska tort, no doubt the Massachusetts courts would apply the foregoing substantive law of Nebraska. See Peterson v. Boston & Maine R. R., 1941, 310 Mass. 45, 36 N.E. 2d 701. Judge Woodbury’s opinion has found…