DE EUGENIO v. ALLIS-CHALMERS MFG. CO.

No. 11102.

210 F.2d 409 (1954)

DE EUGENIO v. ALLIS-CHALMERS MFG. CO.

United States Court of Appeals, Third Circuit.

Decided February 12, 1954.

Rehearing Denied March 11, 1954.


Attorney(s) appearing for the Case

Sidney P. McCord, Jr., Camden, N. J. (Starr, Summerill & Davis, William F. Hyland, Camden, N. J., on the brief), for appellant.

Robert G. Howell, Bridgeton, N. J. (George H. Stanger, Vineland, N. J., on the brief), for appellee.

Before MARIS, STALEY and HASTIE, Circuit Judges.


STALEY, Circuit Judge.

Plaintiff lost his right arm as a result of its being crushed between the rollers of a hay baler which had been manufactured by defendant. In accordance with the jury's verdict for plaintiff, we state that view of the record which is most favorable to him.

In 1940 defendant began designing a revolutionary device, a baler which would make cylindrical bales of hay. The pilot baler was built in May of 1941. That and several other machines...

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