Macpherson v. Buick Motor Co., Ct. Of App. Of N.Y.,

217 N.Y. 382, 111 N.E. 1050 (1916)

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Nature of the Case

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Facts

D is a manufacturer of automobiles. It made new cars from parts it purchased from various suppliers. D neglected to perform safety tests on the car and neglected to inspect the parts of the cars before assembly. It sold an automobile to a retail dealer. The retail dealer resold to P. While P was in the car, it suddenly collapsed, and P was injured. One of the wheels was made of defective wood, and its spokes crumbled into fragments. D bought the wheel from another manufacturer. It was established that the defects could have been discovered by a reasonable inspection, and that inspection was omitted. There was no privity between P and D. Judgment was awarded to P and D appealed.