TRACY v. FINN EQUIPMENT COMPANY

No. 14840.

310 F.2d 436 (1962)

John TRACY, Plaintiff-Appellee, v. The FINN EQUIPMENT COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

November 26, 1962.


Attorney(s) appearing for the Case

J. H. Doughty and Richard L. Carson, Knoxville, Tenn., Hodges, Doughty & Carson, Knoxville, Tenn., of counsel, for appellant.

Foster D. Arnett and Jack B. Draper, Knoxville, Tenn., Zelenko & Elkind, New York City, of counsel, for appellee.

Before WEICK and O'SULLIVAN, Circuit Judges, and LEVIN, District Judge.


WEICK, Circuit Judge.

Plaintiff's action in the District Court was to recover damages for personal injuries sustained while using a mulching machine manufactured by defendant which resulted in the amputation of his left hand.

His complaint contained two counts, one in negligence, and the other in implied warranty, both of which were submitted by the trial court to the jury, resulting in a general verdict for plaintiff in the amount of $65,000. The court granted...

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