Cox v. General Electric Company

Decision Date26 April 1962
Docket NumberNo. 14538.,14538.
Citation302 F.2d 389
PartiesVivian Beatrice COX, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-Appellee.
CourtU.S. Court of Appeals — Sixth Circuit

Malcolm M. Heber, Royal Oak, Mich., and Peter F. Cicinelli, Saginaw, Mich., (Eugene D. Mossner, Saginaw, Mich., on the brief), for appellant.

Konrad D. Kohl, Detroit, Mich., of counsel, Carl F. Davidson, Detroit, Mich., for appellee.

Before CECIL, Circuit Judge, BOYD, District Judge, and STARR, Senior District Judge.

STARR, Senior District Judge.

Plaintiff-appellant brought this action to recover damages for injuries to her arm sustained while she was using an automatic washing machine manufactured by the defendant-appellee. She appeals from a judgment for appellee entered on a jury verdict of no cause of action.

In her complaint appellant claimed that the appellee was negligent in the design and construction of the washing machine, in that it had failed to equip the machine with a safety braking device which would bring the tub or basket to a stop when the mechanism on the machine indicated that it was "off," or when the lid was lifted. She also claimed that appellee was negligent in failing to adequately warn her of the fact that the tub or basket of the machine continued to spin rapidly after the machine showed "off" and after the lid was lifted.

It appears that prior to commencement of the trial appellant proposed to offer in evidence in the trial the fact that subsequent to her accident the appellee had made certain changes in its washing machines by installing a braking device, which brought the spinning tub or basket to a stop when the machine was shut off, and a locking device on the top cover, which prevented its being opened until the tub or basket had ceased rotating. The district court ruled that this proposed evidence, relative to the changes appellee made in its washing machines subsequent to the accident, was not admissible, on the ground that such evidence was not proof of its alleged negligence before and at the time the accident happened. Appellant contends that she should have been allowed to show these changes that the appellee made in its machines subsequent to the accident, not as evidence of its negligence, but as evidence of the practicability or feasibility of incorporating such safety devices on its automatic washing machines.

We conclude that the district court did not err in refusing to permit appellant to introduce such proposed evidence, and correctly determined that the evidence was not admissible. See Northwest Airlines v. Glenn L. Martin Company, 6 Cir., 224 F.2d 120, 130, and authorities therein cited; 20 Am.Jur., Evidence, § 282.

The appellant further contends that the district court erred in denying her motion to amend the record so as to set forth certain unrecorded, off-the-record conferences, which she alleged occurred between her counsel and the court relative to her challenge of certain jurors for cause. It is clear that it was the responsibility of appellant's counsel to have a record made of any off-the-record colloquies with the court that he wished to preserve. There is no claim that appellant's counsel did not have the opportunity to have a record made of such colloquies with the court, and he cannot preserve his unrecorded challenge to certain jurors by alleged colloquies which he did not have stenographically recorded. The District Judge stated that he had no recollection of the alleged conversations or colloquies off the record. As the Judge was required under the applicable rule (Fed.Rules Civ.Proc. rule 75(h), 28 U.S.C.A.) to...

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  • City of Cleveland v. CLEVELAND ELEC., ETC.
    • United States
    • U.S. District Court — Northern District of Ohio
    • 18 Junio 1981
    ...to prospective jurors. Dennis v. United States, 339 U.S. 162, 168, 70 S.Ct. 519, 521, 94 L.Ed. 734 (1950); Cox v. General Electric Co., 302 F.2d 389, 391 (6th Cir. 1962); United States v. Ploof, 464 F.2d 116, 118 n.4 (2d Cir. 1972); Neveaux v. Central Gulf Steamship Corp., 503 F.2d 961 (5th......
  • Ward v. Hobart Manufacturing Company
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    ...(6th Cir. 1968) (no consideration to be given design standards promulgated subsequent to sale of lawn mower); Cox v. General Electric Co., 302 F.2d 389 (6th Cir. 1962); (evidence of design changes which improved safety subsequent to accident inadmissible); Pontifex v. Sears, Roebuck & Co., ......
  • S & E Shipping Corp. v. Chesapeake & O. Ry. Co.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 12 Mayo 1982
    ...123 n.5 (1st Cir. 1976) (striking papers in the appellate record which were not presented in the district court); Cox v. General Elec. Co., 302 F.2d 389 (6th Cir. 1962) (failure of the trial transcript to disclose what actually happened in the district court); Superior Mfg. Co. v. Hessler M......
  • South-East Coal Company v. Consolidation Coal Company
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    ...this juror was not an abuse of discretion. Holt v. United States, 218 U.S. 245, 31 S.Ct. 2, 54 L.Ed. 1021 (1910); Cox v. General Electric Company, 302 F.2d 389 (6th Cir. 1962). IV. A. The Jury Award of Damages South-East sought damages allegedly resulting from the anti-competitive conspirac......
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