Davy VENTURELLI, Plaintiff, Appellee, v. CINCINNATI, INCORPORATED, Defendant, Appellant

BREYER, Circuit Judge.

The plaintiff in this diversity case, Davy Venturelli, crushed the tip of his left index finger in a “plate-shearing” machine, a machine that cuts strips from large metal plates. He sued the machine’s manufacturer, Cincinnati, Inc., claiming that Cincinnati designed the machine negligently and (in 1947) sold the “defective” machine in breach of its warranty of merchantability. The jury rejected Venturelli’s negligence claim, but accepted his breach of warranty claim. It awarded him $85,000. Cincinnati appeals from this judgment, basically arguing that the evidence does…