Civil Procedure Keyed to Marcus
Mason v. American Emery Wheel Works
In its answer, Defendant raised as a defense, a lack of privity. When evidence at trial showed that the emery wheel had passed through several owners before it was sold to Plaintiff’s employer, the trial court granted Defendant’s Motion to Dismiss on the ground that Mississippi still required privity to sue a manufacturer for such injuries. This decision was supported heavily by the court’s conclusions, approximately thirty years previously in Ford Motor Co. v. Myers, 151 Miss. 73, 117 So. 362 (1928). In that decision, the court held that a manufacturer was not liable for negligence in the manufacture of appliances, which could and would become highly dangerous when put to the uses for which they are intended, when there is no privity of contract between the user and the manufacturer.
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