MITCHELL v. MACHINERY CENTER, INC.

No. 6695.

297 F.2d 883 (1961)

Georgette Henriod MITCHELL, Appellant, v. MACHINERY CENTER, INC., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 10, 1962.


Attorney(s) appearing for the Case

Santiago E. Campos of Bigbee & Stephenson, Santa Fe, N. Mex., for appellant.

James T. Paulantis, Albuquerque, N. M. (Iden and Johnson, Bryan G. Johnson and Robert W. McCoy, Albuquerque, N. M., were on the brief), for appellee.

Before MURRAH, Chief Judge, and LEWIS and BREITENSTEIN, Circuit Judges.


LEWIS, Circuit Judge.

This is an action for damages resulting from wrongful death brought by appellant as administratrix of the decedent's estate and against the manufacturer of a piece of mining machinery known as a safety sinking skip. Claim is made that the skip was negligently designed, assembled or tested; and that the manufacturer negligently failed to warn of the machine's potential danger and also breached the warranty...

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