Hammond, Ruth L., Administratrix of the Estate of James B. Hammond, Sr., and Ruth L. Hammond, in Her Own Right v. International Harvester Co.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This case presents a narrow question for review: where a knowledgeable purchaser of farm equipment instructs the manufacturer of that equipment prior to delivery to remove a safety device incorporated as a standard feature in its product design, and an experienced employee of the purchaser who operates the equipment loses his life in an accident which probably would not have occurred if the standard safety device had been in place, may the manufacturer be held liable for the employee’s death under Pennsylvania products liability law?

Plaintiff, as…