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United States Leading Case uncategorized

Devlin v. Smith

89 N.Y. 470 (1882)
JurisdictionUnited States
CourtNew York Court of Appeals
Year1882
StatusBinding authority

Key Principle

One who negligently constructs an article that, if defective, is imminently dangerous to persons using it owes a duty of care to foreseeable third parties despite lack of privity; an employer who hires a competent independent contractor is not liable for the contractor's negligence.

Area of Law

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Related Cases

Rowland v. Christian 69 Cal. 2d 108, 443 P.2d 561 (1968)
Escola v. Coca Cola Bottling Co. of Fresno 24 Cal. 2d 453, 150 P.2d 436 (1944)
Ultramares Corporation v Touche 255 N.Y. 170; 174 N.E. 441 (N.Y. 1931)

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