LEHNER v. PROCTER & GAMBLE MFG. CO.


208 Misc. 186 (1955)

Anna M. Lehner et al., Respondents, v. Procter & Gamble Manufacturing Company, Appellant.

Supreme Court, Appellate Term, First Department.

June 2, 1955.


Attorney(s) appearing for the Case

Eugene H. Nickerson and Lawrence L. Stentzel for appellant.

Max Shlivek, Saul S. Brin and David G. Godwin for respondents.

HOFSTADTER and EDER, JJ., concur; SCHREIBER, J., concurs for reversal but votes for dismissal of complaint.


Per Curiam.

Plaintiff did not establish that the product was harmful or inherently dangerous. The ground of liability found below was negligence in defendant's advertising, in either assuring the public that the use of its product involved no risk or failing to warn of its potential danger. That issue was, however, not fairly tendered nor fully tried. Such negligence can be established only by proof of knowledge by...

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