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SHANKLIN v. ALLIS-CHALMERS MANUFACTURING COMPANY

No. 10887.

383 F.2d 819 (1967)

Teddy Gray SHANKLIN, Appellant, v. ALLIS-CHALMERS MANUFACTURING COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 3, 1967.

Attorney(s) appearing for the Case

Wade H. Ballard, III, Peterstown, W. Va. (Ballard & Ballard, Peterstown, W. Va., on the brief), for appellant.

Joseph M. Sanders, Bluefield, W. Va. (Sanders, Sanders & Bivens, Bluefield, W. Va., on the brief), for appellee.

Before J. SPENCER BELL and WINTER, Circuit Judges, and HARVEY, District Judge.

HARVEY, District Judge:

In this diversity action, a West Virginia farm worker sued the manufacturer of a forage harvester to recover for injuries sustained while he was using such machine to harvest a corn crop. Teddy Gray Shanklin lost his left arm when it became caught in the rolls of the harvester as he attempted to remove clogged corn from the machine while it was operating.

Shanklin claimed below that Allis-Chalmers Manufacturing Company, the manufacturer...

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