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WILSON v. AMERICAN CHAIN & CABLE COMPANY

Nos. 15450, 15458.

364 F.2d 558 (1966)

Timothy WILSON, a Minor, by Robert Wilson, His Natural Parent and Guardian, and Robert Wilson, in His Own Right v. AMERICAN CHAIN & CABLE COMPANY, Inc. v. Robert WILSON and Hugh Lavery (Third-Party Defendant) Timothy Wilson, a Minor, by Robert Wilson, His Natural Parent and Guardian, Appellant. Timothy WILSON, a Minor, by Robert Wilson, His Natural Parent and Guardian, and Robert Wilson, in His Own Right v. AMERICAN CHAIN & CABLE COMPANY, Inc. v. Robert WILSON and Hugh Lavery (Third-Party Defendant) Robert Wilson, in His Own Right, Appellant.

United States Court of Appeals Third Circuit.

Decided August 3, 1966.

Attorney(s) appearing for the Case

Sidney J. Smolinsky, Phildelphia, Pa., for appellant in No. 15450.

Robert W. Costigan, Philadelphia, Pa., for appellant in No. 15458.

William J. McKinley, Jr., Swartz, Campbell & Detweiler, Philadelphia, Pa., for appellee in both appeals.

Before BIGGS, GANEY and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

This is a diversity case arising under the law of Pennsylvania. Robert Wilson, the father of five year old Timothy Wilson, as guardian of the minor and on his own behalf brought this action against the defendant for negligence and wanton negligence in the design of its Lawndale riding rotary power lawn mower. The negligence alleged was that although it knew that rotary power mowers were dangerous and that injuries...

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