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FLEMING v. JOHN DEERE PLOW COMPANY OF SYRACUSE

Civ. A. No. 16204.

158 F.Supp. 399 (1958)

William C. FLEMING, Plaintiff, v. JOHN DEERE PLOW COMPANY OF SYRACUSE, Inc., a New York corporation, Defendant.

United States District Court W. D. Pennsylvania.

February 5, 1958.

Attorney(s) appearing for the Case

Robert E. Walsh, of Suto, Power, Goldstein & Walsh, Pittsburgh, Pa., for plaintiff.

J. Vincent Burke, Jr., of Campbell, Houck & Thomas, Pittsburgh, Pa., for defendant.

GOURLEY, Chief Judge.

This is an action for damages arising out of the explosion of a gasoline tank on a farm tractor.

Claim for relief is premised on negligence and breach of implied warranty of fitness for purpose intended.

Plaintiff alleges that difficulty was experienced in the use of the farm tractor and it stopped. Plaintiff removed the cap of the gasoline tank of said tractor to determine if he was out of fuel. As he attempted to remove the...

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