HENTSCHEL v. BABY BATHINETTE CORP.

No. 251, Docket 23021.

215 F.2d 102 (1954)

HENTSCHEL et al. v. BABY BATHINETTE CORP. et al. (WHITE METAL ROLLING & STAMPING CORP., third party defendant).

United States Court of Appeals, Second Circuit.

Decided July 27, 1954.


Attorney(s) appearing for the Case

Vine H. Smith, Brooklyn, N. Y., for plaintiffs-appellants.

Reilly, Dicker, McLouth & Lines, Rochester, N. Y., Stephen V. Lines, Rochester, N. Y., of counsel, for defendants-appellees, Baby Bathinette Corp. and Sears, Roebuck & Co.

George Berkowitz, New York City, for third party, defendant-appellee.

Before CHASE, Chief Judge, and SWAN and FRANK, Circuit Judges.


CHASE, Chief Judge.

The plaintiffs-appellants are a husband and wife who with their baby, and their other children, a boy five, and a girl three years old, were living in a four-room apartment in Muskegon, Mich., when a fire broke out in the bathroom on the morning of January 12, 1949. A baby bathinette which was then in the bathroom was ignited and its supports, made of a magnesium alloy known as MF, burned fiercely and were nearly consumed before the fire could...

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