John Joseph Mull v. Ford Motor Company, Inc.

WATERMAN, Circuit Judge

(concurring) :

I concur in the result reached by Chief Judge LUMBARD and in that portion of his opinion in which he points out that, as a matter of law, the cab driver’s negligence was an effective intervening and superseding cause of the accident.

Because of the present fluid and uncertain condition of the law relative to the liability to bystanders of a manufacturer who markets a defective product I prefer Judge ANDERSON’s approach to the issue of whether plaintiff could maintain, on the facts present here, an action for breach by defendant of an implied warranty, and I agree with him that on these facts we need not reach the issue. Therefore, I concur in his entire opinion.