Georgette Henriod Mitchell v. MacHinery Center, Inc., a Corporation

LEWIS, Circuit Judge.

This is an action for damages resulting from wrongful death brought by appellant as administratrix of the decedent’s estate and against the manufacturer of a piece of mining machinery known as a safety sinking skip. Claim is made that the skip was negligently designed, assembled or tested; and that the manufacturer negligently failed to warn of the machine’s potential danger and also breached the warranty of fitness for the intended purpose of the machine. The record is clear that these multiple claims were essentially a single claim— that the skip was negligently…