Winterbottom v. Wright

152 E.R. 402, 10 M. & W. 109 (1842)

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Winterbottom v. Wright

Exchequer of Pleas
152 E.R. 402, 10 M. & W. 109 (1842)

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Facts

Wright (defendant) owned a coach business and contracted with the Postmaster-General to supply coaches to carry the mail. As part of the contract, Wright agreed to keep the coaches in good condition and personally assume the duty of all maintenance and repairs. Atkinson also contracted with the Postmaster to supply horses and drivers for all coaches. Winterbottom (plaintiff) was employed by Atkinson as a driver. One day, he was driving a coach which had been serviced by Wright. A latent defect caused the coach to break down, and threw Winterbottom to the ground. Winterbottom suffered injuries and brought suit against Wright for damages.

Rule of Law

Issue

Holding and Reasoning (Abinger, C.B.)

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