The Good Neighbour on Trial: A Fountain of Sparkling Wisdom
![handle is hein.journals/ubclr17 and id is 73 raw text is: THE GOOD NEIGHBOUR ON TRIAL:
A FOUNTAIN OF SPARKLING WISDOM
I. INTRODUCTION
We have gathered today to mark the 5oth anniversary of the single
most important decision in the history of the law of torts: Donoghue
v. Stevenson, decided by the House of Lords on May 26, I932.'
I, for one, look forward to attending the 75th anniversary celebra-
tion in the year 2007, but I am not too sure that I will be around
to participate in the centennial anniversary in 2032.
In an article written on the 25th anniversary in 1957, Professor
Heuston, then and still the editor of Salmond on Torts, suggested
that on its 5oth anniversary in 1982, the decision might be of little
more than antiquarian interest, a mere repository of ancient learn-
ing,2 because he thought that tort law would likely be abolished
and be replaced by a social insurance scheme by that time.
How wrong he was! As Donoghue v. Stevenson celebrates its
5oth anniversary, it is not only alive and well, it is thriving, vigorous,
lusty, youthful and energetic. For me, it is still and will remain like
a seed of an oak tree, a source of inspiration, a beacon of hope, a
fountain of sparkling wisdom, a skyrocket bursting in the midnight
sky.
A. PR~ss REACTiON AT THE TIME
Although there was some grumbling among the torts professors
of the day, because they had to tear up the old notes they had been
reading from in their torts lectures for years, the press reaction at
the time was positive. During my research for this paper, I wrote to
many British newspapers who very generously sent me clippings
from their stories at the time. The Scotsman, for example, recognized
that the decision dealt with a novel point and concluded that it
should be welcomed by the public because it was in obvious agree-
ment with the equity of the situation.' The Daily Herald observed
that the decision vitally effects [liability to consumers] ... who may
suffer any ill effects from [the consumption of food].4 The Law
1 [1932] A.C. 562.
2 R. F. V. Heuston, Donoghue v. Stevenson in Retrospect (1957) 20 MOD. L.
REV. i, at i.
3 THE SCOTSMAN, 27 May 1932.
4 DAnLY HER.ALD, 27 May 1932.](ViewImageLocal?handle=hein.journals/ubclr17&div=9&collection=&method=preview&ext=.png&size=3)
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The Good Neighbour on Trial: A Fountain of Sparkling Wisdom
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