Winterbottom v. Wright

Wright (defendant) contracted with the Postmaster-General to supply and maintain mail coaches. Atkinson separately contracted with the Postmaster to supply horses and drivers, and employed Winterbottom (plaintiff) as a driver. A latent defect in a coach Wright had serviced caused it to break down while Winterbottom was driving it, throwing him to the ground and injuring him. Winterbottom sued Wright, though he had no contract with Wright at all.

Whether a plaintiff lacking privity of contract with a defendant may sue the defendant based on negligent performance of the defendant's contract with a third party.