FLORIO v. POWDER POWER TOOL CORP.

No. 12127.

248 F.2d 367 (1957)

Mario FLORIO, a Minor, by His Next Friends and Natural Parents, Cesare Florio and Mary Florio, and Cesare Florio and Mary Florio in Their Own Right, Appellants, v. POWDER POWER TOOL CORP.

United States Court of Appeals Third Circuit.

Decided September 12, 1957.

As Amended October 30, 1957.


Attorney(s) appearing for the Case

Willaim M. Alper, Philadelphia, Pa. (Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellants.

Peter P. Liebert, 3rd, Philadelphia, Pa. (John J. McDevitt, 3rd, Philadelphia Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.


BIGGS, Chief Judge.

The suit at bar, based on diversity and jurisdictional amount, was brought by the minor plaintiff, Mario Florio, by his parents as his next friends, against the appellee Powder Power Tool Corp. (Powder Power), an Oregon corporation. On December 4, 1954 Florio, while employed as a carpenter on a construction project, was seriously injured when a tool powered by powder, manufactured by Powder Power, used by one of Florio's fellow workers, misfired...

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