E. J. Pontifex, and Judith Rae Pontifex, an Infant, Who Sues by E. J. Pontifex, Her Father, as Next Friend v. Sears, Roebuck & Company, Incorporated

U.S. Court of Appeals11/4/1955
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Full Opinion

PER CURIAM.

This is an appeal from a judgment on a directed verdict for defendant in a personal injury case. Plaintiff was injured when she was struck in the eye by a rope pulled to start the gasoline engine of a lawn mower. Plaintiff contends that *910 there was negligence in the design of the lawn mower in that the rope was not permanently attached to a spring recoil mechanism, such as is found in the latest models of these machines, and that no warning was given of the danger of using it. We do not think, however, that it can be held to be negligence to sell an old model machine not equipped with a safety device of later models, and we find no evidence of negligence in the design or construction of the machine or of any need for warning or of any other negligence upon which a verdict for plaintiff could have been based.

Affirmed.

Case Information

Court
U.S. Court of Appeals
Decision Date
November 4, 1955
Citation
226 F.2d 909
Status
Precedential
E. J. Pontifex, and Judith Rae Pontifex, an Infant, Who Sues by E. J. Pontifex, Her Father, as Next Friend v. Sears, Roebuck & Company, Incorporated | Tortwell