Mason v. American Emery Wheel Works

241 F.2d 906 (1st Cir. 1957)


Mason (P) was injured by an emery wheel made by American Emery Wheel Works (D). P sued in federal court in Rhode Island, jurisdiction under diversity. P did not buy the wheel from D. D sold the wheel to Hoover who in turn attached it to a grinding machine. That machine was sold to Miller Falls and then sold to Komp Equipment. P’s employer purchased the equipment from Komp. The district court held that privity of contract was necessary to sue a product manufacturer for injuries. From these facts, there was no privity of contract between P and D. This ruling followed a 1928 ruling by the Mississippi Supreme Court. The court granted a summary judgment motion under Rule 41(b) for D. P appealed.