Jones v. Meat Packers Equipment Co.

BUTZNER, Senior Circuit Judge:

Virginia Jones appeals from a judgment in favor of Meat Packers Equipment Company (MEPACO) and affiliated companies in an action seeking compensation for injuries alleged to have been caused by defective machinery. Jurisdiction is based on diversity of citizenship. Her complaint, relying on Virginia law, alleges breach of warranty and tort. We conclude that the district court erred by submitting the issue of contributory negligence to the jury, and we therefore vacate the judgment and remand the case for a new trial.

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Virginia Jones, a sanitation worker at the…