Sierocinski v. E.I. Du Pont Nemours & Co.
United States Court of Appeals for the Third Circuit
103 F.2d 843 (1939)
Mr. Sierocinski (plaintiff) was injured while “crimping” a dynamite cap that was manufactured by E.I. Du Pont De Nemours & Company (Du Pont) (defendant). Sierocinski sued Du Pont for negligence. In his amended complaint, Sierocinski claimed Du Pont was negligent in its manufacture and distribution of the prematurely exploding cap. At trial, the judge granted Du Pont’s motion to strike Sierocinski’s amended statement because it failed to set forth any specific act of negligence. Accordingly, the action was dismissed. Sierocinski appealed, arguing that his amended complaint set forth a claim for relief.
Rule of Law
Holding and Reasoning (Biddle, J.)