Wright v. Massey-Harris, Inc.

Plaintiff filed his complaint in three counts: Count I alleged negligence in design and manufacture; Count II alleged negligent failure of defendant to give proper and adequate warning to the plaintiff of the danger of certain manual operations; and Count IH alleged breach of warranty. Defendant moved to dismiss the complaint and each connt thereof. Plaintiff consented to the dismissal of Connt III and appeals from that part of the order dismissing Count I, which read in part as follows:

“It is further ordered that Counts I and III of plaintiff’s Complaint be and they are hereby dismissed and…