MacPherson v. Buick Motor Co. (1916). 1916. 1050, 217 N.Y. 382: Case history; Prior action(s) Judgment for plaintiff, Sup. Answers: 3 on a question: The case of MacPherson v. Buick Motor Car in 1916 changed product liability law. MacPherson v. Buick Motor Co. Court: New York Court of Appeals: Full case name: Donald C. MacPherson v. Buick Motor Company: Argued: January 24 1916: Decided: March 14 1916: Citation(s) 111 N.E. Comp. Buick sold the car to a dealership, who sold it to the plaintiff. CARDOZO, J. The defect could have been discovered by reasonable inspection. of N.Y., 217 N.Y. 382, 111 N.E. The Court of Appeals for New York granted review to resolve whether car manufacturers owed a duty of care to anyone but the immediate purchaser. o There is evidence that the defect could have been discovered by reasonable inspection and that the inspection was omitted. Case Brief Katrina Basinger Professor Kolly Citation: Donald C. MacPherson v. Buick Motor Company 217 N.Y. 382; 111 N.E. 815 (N.Y. 1911). Buick Motor Co., 217 N.Y. 382, 111 N.E. That's nonsense, said Cardozo: Buick's responsibility to make a safe car … MacPherson v. Buick Motor Company: Background-Buick sells cars to dealers. o Pl - Macpherson. Buick (defendant) sells car to dealer. When was the case? CITE TITLE AS: MacPherson v Buick Motor Co. Negligence Liability of … MacPherson v. Buick Motor Co. New York Court of Appeals, 1916 111 N.E. Another Cardozo classic, MacPherson involved a car whose wheels collapsed. 55, affirmed. of N.Y., 217 N.Y. 382, 111 N.E. The car collapsed because a wheel was made of defective wood and the spokes crumbled. In MacPherson v. Buick Motor Co., a car manufacturer defendant sold a non-inspected car with defective third party wheels to a dealer who subsequently sold the car to the plaintiff. While the plaintiff was in the car, it suddenly collapsed. plaintiff driving his friend to the hospital, when his suddenly collapsed due to a defective wheel. The nature of the action and the facts, so far as material, are stated in the opinion. Facts. 1050. Rix v. General Motors Corp Case Brief - Rule of Law: A manufacturer cannot be held strictly liable for the danger caused by one of its products, if it does not. Decided March 14, 1916 MacPherson v. Buick Motor co., 160 App. 1050 (1916) NATURE OF THE CASE: Buick (D) appealed from a judgment which affirmed a judgment holding D liable for negligently failing to inspect a car that was bought by MacPherson (P). of N.Y., 217 N.Y. 382, 111 N.E. Macpherson v. Buick Motor Co. A famous 1916 New York Court of Appeals decision, MacPherson v.Buick Motor Co., 217 N.Y. 382, 111 N.E. APPEAL, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 8, 1914, affirming a judgment on favor of plaintiff entered upon a verdict. Basics of the case. FACTS: D is a manufacturer of automobiles. Reason. MACPHERSON V. BUICK MOTOR CO.A famous 1916 New York Court of Appeals decision, MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. 1916C, 440 DONALD C. MACPHERSON, Respondent, v. BUICK MOTOR COMPANY, Appellant. LEXIS 210, 40 Cal. Dealer sells car to customer (plaintiff). Mar. 462 DONALD C. MACPHERSON, Respondent, v. BUICK MOTOR COMPANY, Appellant. 55, affirmed. Evidence. As a result of it, the courts Group of answer choices expanded the liability of manufacturers for injuries caused by defective products. LinkBack URL; About LinkBacks ; Bookmark & Share; Digg this Thread! Case Summary for MacPherson v. Buick Motor Co. 217 N.Y. 382, 111 N.E. January 7, 1914. o Df - Buick Motor Co. What happened? Torts Case Briefs; MacPherson v. Buick Motor Co. The defendant is a manufacturer of automobiles. [clarification needed] 1050, expanded the classification of "inherently dangerous" products and thereby effectively eliminated the requirement of privity—a contractual relationship between the parties in cases that involve defective products that cause personal injury. STUDY. Add Thread to del.icio.us; Bookmark in Technorati ; Tweet this thread; Thread Tools. CASE BRIEF MacPHERSON V. BUICK MOTOR CO. Ct. of App. Macpherson v. Buick Motor Co.: A famous 1916 New York Court of Appeals decision, MacPherson v. Buick Motor Co. , 217 N.Y. 382, 111 N.E. Court of Appeals of New York. A famous 1916 New York Court of Appeals decision, MacPherson v.Buick Motor Co., 217 N.Y. 382, 111 N.E. Buick appeals. 462 N.Y.A.D. Show Printable Version; Email this Page… Subscribe to this Thread… 10-18-2009, 05:29 PM #1. 1050 (1916). MacPherson v Buick Motor Co: 1916 (New York Court of Appeal) A manufacturer of a defective motor-car was held liable for damages at the instance of a third party. 1050, 217 N.Y. 382: Case history; Prior action(s) Judgment for plaintiff, Sup. He was [*385] thrown out and injured. Court of Appeals of New York. MacPherson v. Buick Motor Co. Court : New York Court of Appeals: Full case name: Donald C. MacPherson v. Buick Motor Company : Argued: January 24 1916: Decided: March 14 1916: Citation(s) 111 N.E. 1050 (1916) is a famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo that removed the requirement of privity of contract for duty in negligence actions. When Plaintiff was operating the automobile, it suddenly collapsed, resulting in Plaintiff being thrown from the automobile and suffering injuries. Sally H. Clarke is an associate professor of history at the University of Texas at We are looking to hire attorneys to help contribute legal content to our site. Customer suffers injury because of a car defect that could have been detected by Buick's reasonable inspection. Supreme Court of New York, Appellate Division, Third Department. . Div. Decided March 14, 1916. MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. Rule of Law and Holding. PLAY. 160 A.D. 55145 N.Y.S. Sign In to view the Rule of Law and Holding. 1050, expanded the classification of "inherently dangerous" products and thereby effectively eliminated the requirement of privity—a contractual relationship between the parties in cases that involve defective products that cause personal injury. Buick Motor Co., 217 N.Y. 382, 111 N.E. Rapaport, Lauren 5/6/2020 MacPherson v. Buick Motor Company Case Brief Facts Buick Motor Company (Defendant) sold one of their automobiles to a retail dealer, who went on to sell the automobile to MacPherson (Plaintiff). If you are interested, please contact us at [email protected] 1050 (1916) CASE BRIEF MacPHERSON V. BUICK MOTOR CO. Ct. of App. NY Court of Appeals. It sold an automobile to a retail dealer. Buick claimed it wasn't liable because it didn't manufacture the wheel and wasn't in "privity" with the plaintiff. Rptr. The charge is one, not of fraud, but of negligence. -NY dealer sells car to MacPherson. FACTS: D is a manufacturer … One of the wheels … APPEAL, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 8, 1914, affirming a judgment on favor of plaintiff entered upon a verdict. 1914. 1951), 6281, Pierce v. Ford Motor - Id. Argued January 24, 1916 Decided March 14, 1916 217 NY 382 CITE TITLE AS: MacPherson v Buick Motor Co. [*384] OPINION OF THE COURT. MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. Div. The nature of the action and the facts, so far as material, are stated in the opinion. 1050, Am.Ann.Cas. Argued January 24, 1916. Admin. 1050 (1916) If a product is reasonably expected to be dangerous if negligently made and the product is known to be used by those other than the original purchaser in the normal course of business, a duty of care exists. The wheel collapsed and the plaintiff was injured. MacPherson v Buick Motor Co. L.R.A. If the nature of a finished product placed on the market by a manufacturer to be used without inspection by his customers is … MacPherson v. Buick Motor Company: 1916 landmark case dealing with... negligence. What court was it brought to? 31, 1975) Brief Fact Summary. 1050 (1916) NATURE OF THE CASE: Buick (D) appealed from a judgment which affirmed a judgment holding D liable for negligently failing to inspect a car that was bought by MacPherson (P). MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. Plaintiff was seriously injured and sued Buick. 3d 804, 532 P.2d 1226, 119 Cal. 1050 (N.Y. 1916) - N.Y. Court of Appeals Parties: π: MacPherson (injured in car accident); ∆: Buick (manufacturer of automobiles) Procedural History: MacPherson sued Buick for negligence. Buick Motor Co. argues they are only liable to the retail purchaser. Yellow Cab Co., 13 Cal. Decided March 14, 1916 MacPherson v. Buick Motor co., 160 App. 1050, expanded the classification of "inherently dangerous" products and thereby effectively eliminated the requirement of privity—a contractual relationship between the parties in cases that involve defective products that cause personal injury. 3 Dept. 1050 (1919 NY) Parties: Donald MacPherson / injurer purchaser of faulty vehicle Buick Motor Company / manufacturer of vehicle Objectives: MacPherson seeks damage for injuries obtained from a faulty vehicle. Rules. 217 N.Y. 382; 111 N.E. 1050 (1916) is a famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo which removed the requirement of privity of contract for duty in negligence actions. 1050, expanded the classification of "inherently dangerous" products and thereby effectively eliminated the requirement of privity—a contractual relationship between the parties in cases that involve defective products that cause personal injury. Buick v MacPherson. 3. MacPherson v. Buick Motor Co. 160 A.D. 55, 145 N.Y.S. The retail dealer resold to the plaintiff. 858, 1975 Cal. 1916F, 696, 217 N.Y. 382, 111 N.E. See cases cited above, Ford Motor Company v. Osburn, Joslyn v. Cadillac, Buick, Neale, Masters, Washburn, and Levis v. Pope Motor Car Company, 95 N.E. -Wheels made by another company; wheel collapses, causing accident that results in injury. Trial court ruled in favor of MacPherson. BUICK MOTOR CO. Ct. of App. MacPherson v. Buick Motor Co. Citation: 111 N.E. Cases 258, 78 A.L.R.3d 393 (Cal. Results 1 to 1 of 1 Thread: MacPherson v. Buick Motor Co. LinkBack. Macpherson v. Buick Motor Co. - 289 U.S. 253 (1933), 643, Young v. Masci - 190 F.2d 910 (4th Cir. MACPHERSON V. BUICK MOTOR CO., Ct. of App. 1050 (1916) is a famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo which removed the requirement of privity of contract for duty in negligence actions. 1050 (1916) ... Donald C. MacPherson, Respondent, v. Buick Motor Company, Appellant. 1916F, 696 N.Y. 1916. courts and of the English cases, L.R.A. 1050 January 24, 1916, Argued -- March 14, 1916, Decided 1. Listen to the opinion: Tweet Brief Fact Summary. A motor-car might reasonably be regarded as a dangerous article: ‘There is no claim that the defendant know of the defect and wilfully concealed it . of N.Y., 217 N.Y. 382, 111 N.E. The defendant Buick manufacturers cars, which were sold by a retail dealer to the plaintiff MacPherson. vLex: VLEX-11071 Defendant hit Plaintiff when Plaintiff attempted to cross three lanes of oncoming traffic in order to enter a service station. 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