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Sierocinski v. E.I. Du Pont Nemours & Co.

United States Court of Appeals for the Third Circuit
103 F.2d 843 (1939)


Facts

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

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Biddle, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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