SEARS, ROEBUCK & CO. v. MARHENKE

No. 9634.

121 F.2d 598 (1941)

SEARS, ROEBUCK & CO. v. MARHENKE.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 29, 1941.


Attorney(s) appearing for the Case

Hoge, Pelton & Gunther and A. Dal Thomson, all of San Francisco, Cal., for appellant.

George K. Ford, Simpson Finnell, Jr., Russell T. Ainsworth, and Fletcher A. Cutler, all of San Francisco, Cal., for appellee.

Before WILBUR, MATHEWS, and HEALY, Circuit Judges.


WILBUR, Circuit Judge.

This is an action for damages for personal injuries, tried before the court without a jury. Findings and judgment were for the plaintiff in the sum of $5,000. Defendant appeals.

Plaintiff was scalded by hot water leaking from a rubber hot water bag purchased from the appellant by the parents of plaintiff, who was an infant fourteen days old at the time of the injury.

The judgment was based upon the finding that the appellant...

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