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Mason v. Am. Emery Wheel Works - 241 F.2d 906 (1st Cir. 1957)


A manufacturer who fails to exercise reasonable care in the manufacture of a chattel which, unless carefully made, he should recognize as involving an unreasonable risk of causing substantial bodily harm to those who lawfully use it for a purpose for which it is manufactured and to those whom the supplier should expect to be in the vicinity of its probable use, is subject to liability for bodily harm caused to them by its lawful use in a manner and for a purpose for which it is manufactured.


An injured party filed suit against a manufacturer to recover damages he sustained when a negligently manufactured grinding wheel exploded in his face and caused him to suffer serious injury. The trial court applied the substantive law of Mississippi and determined, reluctantly, that the injured party could not recover because he was not in privity of contract with the manufacturer. The case was elevated to the United States Court of Appeals for the First Circuit.


Was the injured party entitled to recover damages?




The court held that Mississippi was ready to adopt the modern rule of allowing injured third-parties who are not in privity of contract with manufacturers to recover from manufacturers for injuries which result from their negligence. The court permitted appellant injured party to proceed with his action against appellee manufacturer.


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