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MARKO v. SEARS, ROEBUCK AND CO.

24 N.J. Super. 295 (1953)

94 A.2d 348

JULIAN LEWIS MARKO, PLAINTIFF-APPELLANT, v. SEARS, ROEBUCK AND COMPANY, A BODY CORPORATE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 1953.

Attorney(s) appearing for the Case

Mr. John Warren, Jr., argued the cause for plaintiff-appellant (Messrs. Parsons, Labrecque, Canzona & Combs, attorneys; Mr. Theodore D. Parsons, of counsel).

Mr. Robert V. Carton argued the cause for defendant-respondent (Messrs. Durand, Ivins & Carton, attorneys).

Before Judges McGEEHAN, BIGELOW and JAYNE.

The opinion of the court was delivered by McGEEHAN, S.J.A.D.

Plaintiff sued to recover damages for injuries alleged to have been sustained by him while using a rotary type lawn mower which he had purchased from the defendant. The first count of the complaint was grounded on negligence, the second count on implied warranty, and the third count on express warranty. The defendant's motion for dismissal of the action, made at the close of plaintiff's case, was granted...

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