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MOOMEY v. MASSEY FERGUSON, INCORPORATED

No. 550-69.

429 F.2d 1184 (1970)

Floyd E. MOOMEY and Hardware Mutual Casualty Company, a/k/a Sentry Insurance Company, Plaintiffs-Appellees, v. MASSEY FERGUSON, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 11, 1970.

Attorney(s) appearing for the Case

C. LeRoy Hansen, of Civerolo, Hansen & Wolf, Albuquerque, N. M., for appellant.

James T. Roach, Albuquerque, N. M. (Eugene E. Klecan, Albuquerque, N. M., with him on the brief), for appellees.

Before MURRAH, SETH and HOLLOWAY, Circuit Judges.

MURRAH, Circuit Judge.

The appeal in this diversity suit presents issues of New Mexico law involving strict liability, sufficiency of proof, assumption of the risk, misuse of an allegedly defective product and contributory negligence. Moomey recovered a judgment of $48,155.94 against Massey Ferguson as compensation for injuries received when a tooth which he was installing on a dirt scoop shattered and struck him in the...

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