Action was brought against vacuum cleaner manufacturer to
recover for injuries sustained by 11-year-old boy who suffered an amputation of
part of his penis while playing on a canister-type vacuum cleaner. The United
States District Court for the District of Massachusetts, Frank J. Murray, J.,
entered judgment for plaintiff for.$93,750, and both parties appealed. The Court
of Appeals, Levin H. Campbell, Circuit Judge, held that: (1) the district court
had sufficient grounds for refusing to rule that plaintiff failed to prove that vacuum cleaner came within recognized exception to privity
requirement; (2) there was sufficient basis for holding that vacuum cleaner
presented an unreasonable risk of harm to children who might reasonably be
foreseen to explore and fiddle with the device, and (3) issue of comparative
negligence was properly submitted.Affirmed.
In better news, Prof Contracts has the same flu I had, and we have no class tomorrow. Hope Hitler, i mean Prof Contracts feels better fast.
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