TORTS - NEGLIGENCE - LIABILITY OF MANUFACTURER TO REMOTE VENDEE

Plaintiff purchased at a retail shop some perfume manufactured by defendant. Plaintiff suffered a second-degree burn when she applied the perfume to her skin, and brought suit against the manufacturer. The lower court entered a judgment for the defendant after the jury had brought in a verdict for the plaintiff. Held, reversed, and lower court ordered to render its judgment in favor of plaintiff upon verdict returned by jury; the manufacturer was liable for negligence to the plaintiff even though there was no privity of contract between them.

Carter v. Yardley & Co., Limited, (Mass. 1946) 64 N.E. (2d) 693.