Margaret Rita McKay Administrator of the Estate of Willis McKay Deceased, Etc. v. Upson-Walton Company, an Ohio Corporation

CASTLE, Circuit Judge.

Margaret Rita McKay, administrator of the Estate of Willis McKay, Deceased, plaintiff-appellant, brought this diversity action in the District Court against Upson-Walton Company, defendant-appellee, to recover damages for fatal injuries sustained by plaintiff’s intestate. Liability of the defendant was predicated upon allegations of its negligence in the design and manufacture of a tackle block and hook.

On July 3, 1958, a crew from Phillips Getschow Co., the decedent’s employer, was using an 8 inch double sheave block and hook, manufactured by the defendant and rated in…