Evelyn M. Edwards, Administratrix of the Estate of Rolf S. Edwards, Deceased v. Mazor Masterpieces, Inc., a Corporation

EDGERTON, Circuit Judge.

Appellee sold appellant a folding sofabed which she and her family used several years, chiefly closed as a sofa but sometimes open as a bed, without accident. But when appellant came home on July 9, 1958, she found the dead body of her 12-year-old son inside the closed sofabed. When the coroner arrived, the bed was open and the boy’s body was lying on it covered with perspiration.

Appellant brought this suit as her son’s administratrix for wrongful death and damages under the survival act. The complaint alleges among other things that “death was due to the negligence…