Donoghue v Stevenson英文案例.doc

英美案例，无论其多么复杂，都可以从内容上被划分为十个部分，即， 案件名称。 Donoghue v. Stevenson 法院级别和判决日期。 案情事实。 原告方的诉求。 此案先前已经过的审判程序和前审的判决结果。 双方各自的辩论观点。 现在的待解决问题。 本案法官的推理。 本案所确立的法律原则。 法官的附带评论 Donoghue v Stevenson Legal Citation: Donoghue (or McAlister) v Stevenson, [1932] All ER Rep 1; [1932] AC 562; House of Lords [1932] A.C. 562 [HOUSE OF LORDS.] M’ALISTER (OR DONOGHUE) (PAUPER), APPELLANT; AND STEVENSON, RESPONDENT. 1932 May 26. LORD BUCKMASTER, LORD ATKIN, LORD TOMLIN, LORD THANKERTON, and LORD MACMILLAN. Negligence - Liability of Manufacturer to ultimate Consumer - Article of Food - Defect likely to cause Injury to Health. By Scots and English law alike the manufacturer of an article of food, medicine or the like, sold by him to a distributor in circumstances which prevent the distributor or the ultimate purchaser or consumer from discovering by inspection any defect, is under a legal duty to the ultimate purchaser or consumer to take reasonable care that the article is free from defect likely to cause injury to health:- So held, by Lord Atkin, Lord Thankerton and Lord Macmillan; Lord Buckmaster and Lord Tomlin dissenting. George v. Skivington (1869) L. R. 5 Ex. 1 approved. Dicta of Brett M.R. in Heaven v. Pender (1883) 11 Q. B. D. 503, 509-11 considered. Mullen v. Barr Co., Ld., and M’Gowan v. Barr Co., Ld., 1929 S. C. 461 overruled. APPEAL against an interlocutor of the Second Division of the Court of Session in Scotland recalling an interlocutor of the Lord Ordinary (Lord Moncrieff). By an action brought in the Court of Session the appellant, who was a shop assistant, sought to recover damages from the respondent, who was a manufacturer of aerated waters, for injuries she suffered as a result of consuming part of the contents of a bottle of ginger-beer which had been manufactured by the respondent, and which contained the decomposed remains of a snail. The appellant by her condescendence averred that the bottle of ginger-beer was purchased for the appellant by a friend in a cafe