贾海龙:普通法方法练习案例5-MacphersonvBuickMotor.docx

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■ MacPherson v. Buick Motor Co.

L.R.A. 1916F, 696

N.Y. 1916.

L.R.A. 1916F, 696217 N.Y. 382, 111 N.E. 1050, Am.A nn. Cas. 1916C, 440

DONALD C. MACPHERSON, Resp on de nt,

v.

BUICK MOTOR COMPANY, Appella nt. Court of Appeals of New York.

Argued Jan uary 24, 1916. Decided March 14, 1916.

CARDOZO, J.

The defe ndant is a man ufacturer of automobiles. It sold an automobile to a retail dealer. The retail dealer resold to the plai ntiff. While the plai ntiff was in the car, it suddenly collapsed. He was *385 throw n out and in jured. One of the wheels was made of defective wood, and its spokes crumbled into fragments. The wheel was not made by the defendant; it was bought from ano ther man ufacturer. There is evidenee, however, that its defects could have bee n discovered by reas on able in specti

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