Winterbottom v. Wright Exchequer Of Pleas,

10 M. & W. 109, 152 Eng. Rep. 402 (1842)

Facts

Wright (D) contracted with the Postmaster General to keep the coaches in a safe and secure condition. Winterbottom (P), a mail coach driver, was injured when one of the coaches supplied by D broke down due to lack of repair of a latent defect. P sued D, claiming negligent performance of D's contract with the Postmaster General.