Big Rock Mountain Corporation v. Stearns-Roger Corporation

MEHAFFY, Circuit Judge.

This appeal lies from a judgment entered on a directed verdict in favor of Stearns-Roger Corporation, hereafter referred to as defendant, in an action for breach of expressed and implied warranty of fitness and negligence in the construction of an aluminum stem which supported a gondola-type “bus” for carrying passengers on a novel and experimental aerial tramway. Big Rock Mountain Corporation, hereafter called plaintiff, brought this action. The aerial tramway was constructed for use at Custer City, South Dakota, as a tourist attraction and was also to be used for…