MacPherson v. Buick Motor Co.

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.

[1][2] The plaintiff, Donald C. MacPherson, a stonecutter, was injured when one of the wooden wheels of his 1909 Buick Runabout collapsed.

In the earlier precedent, duty had been imposed on defendants by voluntary contract via privity as in an English case, Winterbottom v.

As has already been pointed out, the learned trial judge instructed the jury that an automobile is not an inherently dangerous vehicle.

[6] This article relating to case law in the United States or its constituent jurisdictions is a stub.