Jack Bosse v. Ideco Division of Dresser Industries, Inc.

LEWIS, Circuit Judge.

In this diversity jurisdiction case appellant sought recovery of damages for personal injuries sustained by him when a self-propelled portable drilling rig, driven by appellant, went out of control going down Tehachapi Pass in California, hit an embankment and overturned. Appellant had contracted with appellee to drive the rig from Odessa, Texas to McKittrick, California, and contended that appellee had negligently failed to discover or warn appellant of a “pre-ex-isting” crack in the drive line of the huge vehicle and that the failure of the drive line had proximately…