Legal Opinion

Naugher v. Fox River Tractor Co.

District Court, N.D. Mississippi

Decided December 13, 1977No. WC 76-103-SPublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

The action sub judice has been submitted to the court on defendant’s motion for summary judgment.

The record reflects the following undisputed facts. Defendant manufactured and delivered to its distributor at Tupelo, Mississippi, a Fox River Harvester “Crop Chopper” (hereafter machine) which on or about July 22, 1966 was sold to plaintiff through a retail dealer at Louisville, Mississippi. The machine was intended to be used in chopping hay and other crops into silage. There was no change in the design of the machine from the time it left the…

2Cases cited3 opinions

  1. National Surety Co. of New York v. CobbCourt of Appeals for the Fifth Circuit · 1933
  2. Rawlings v. American Oil Co.Mississippi Supreme Court · 1935
  3. Bates v. Mississippi Industrial Gas Co.Mississippi Supreme Court · 1935

3Cited by5 opinions

  1. Penasquitos, Inc. v. Superior CourtCalifornia Supreme Court · 1991
  2. Kradel v. Piper Industries, Inc.Tennessee Supreme Court · 2001
  3. Gossman v. Greatland Directional Drilling, Inc.Alaska Supreme Court · 1999
  4. Green v. Oilwell, Div. of U.S. SteelSupreme Court of Oklahoma · 1989
  5. Harry Kradel. v. Piper IndustriesTennessee Supreme Court · 2001

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