Chysky is part of a progression of cases that influenced the products liability synthesis that emerged early in the century.

The Chysky case reflects a refinement of Judge Cardozo's argument in MacPherson v Buick Motor Co. that a person could be liable for a defective product to someone other than the immediate purchaser.

Yet Cardozo joined the majority that ruled against the waitress, not Judge Hogan's silent dissent.

There was a nail in a cake that struck her gum, causing it to be infected to the extent that three teeth needed to be removed.

Does the provision of the Uniform Sales Act §15(1) that provides, include a third party who does not have privity of contract with the seller if no negligence is implied?