Donald L. Warner, by His Next Friend, James A. Warner, Jr., and James A. Warner, Jr. v. Kewanee MacHinery & Conveyor Company, a Foreign Corporation

PECK, Circuit Judge.

This action, which resulted in a jury verdict and judgment for the plaintiff in the District Court, grew out of an accident in which the plaintiff, then 12 years of age, was injured. The suit was brought on his behalf by his father as his next friend, and on behalf of the father individually. Herein, however, the boy will usually be referred to as the “plaintiff,” and the defendant-appellant as the “defendant.”

At the time of the accident straw was being loaded into a haymow with the aid of a device manufactured and marketed by the defendant and known as a Ke-wanee Portable…