No. 14661.

302 F.2d 61 (1962)

Katherine HESSLER, d.b.a. Dayton Hessler Company, Plaintiff-Appellee, v. The HILLWOOD MANUFACTURING COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

April 19, 1962.

Attorney(s) appearing for the Case

Harley J. McNeal, McNeal & Schick, Cleveland, Ohio, for appellant.

Craig Spangenberg, Spangenberg, Hasenflue & Shibley, Cleveland, Ohio, for appellee.

Before MILLER, Chief Judge, and CECIL and WEICK, Circuit Judges.


Hillwood was the Ohio manufacturer of nails made of hardened and tempered steel for use in nailing wood to concrete. It sold a quantity of these nails to Hessler who owned and operated a retail hardware store in Syracuse, New York. Howard Kimberly purchased some of these nails at Hessler's store. Kimberly drove one of the nails through wood into concrete by use of an ordinary hammer and the head end of the nail broke off and flew into his right eye destroying...

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