Civil Procedure Keyed to Friedenthal
Mason v. American Emery Wheel Works
Facts
Plaintiff Mason, a citizen of Mississippi, sued Defendant American Emery Wheel Works, a Rhode Island corporation, in a federal district court in Rhode Island for negligent manufacture of an emery wheel. Defendant filed motion to dismiss because Plaintiff and Defendant were not in privity of contract. The District Court dismissed the complaint reasoning that because the accident causing the injury took place in Mississippi, the District Court must apply the law of Mississippi. Mississippi requires privity of contract for a manufacturer to owe a duty of care to someone who uses its product. The District Court granted the motion relying on [Ford Motor Co. v. Myers, 117 So. 362 (Miss. 1928)], while noting that the holding in Ford Motor Co. is the exception to the majority rule. Plaintiff appealed.
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