ROSS v. UP-RIGHT, INC.

No. 24921.

402 F.2d 943 (1968)

W. J. ROSS, Individually and as Next Friend for Joe Mark Ross, a minor, Appellant, v. UP-RIGHT, INC., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 19, 1969.


Attorney(s) appearing for the Case

Philip S. Kouri, Jack G. Banner, Wichita Falls, Tex., for appellant.

Larry Lambert, Wichita Falls, Tex., for appellee.

Before JOHN R. BROWN, Chief Judge, WISDOM, Circuit Judge, and BREWSTER, District Judge.


WISDOM, Circuit Judge:

In this products liability case the plaintiff1 sued Up-Right, Inc., manufacturer of a combination scaffold and ladder called the "Tallescope", for damages sustained when a Tallescope overturned, plummeting Joe Mark Ross to the floor. Up-Right describes the ladder as a "telescoping aluminum work platform for over-head spot maintenance", such as replacing a light bulb in a...

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