JAMIESON v. WOODWARD & LOTHROP

No. 13017.

247 F.2d 23 (1957)

Marguerite JAMIESON et al., Appellants, v. WOODWARD & LOTHROP et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 16, 1957.


Attorney(s) appearing for the Case

Messrs. Irving G. McCann and Benjamin H. Dorsey, Washington, D. C., for appellants.

Mr. Frank J. Martell, Washington, D. C., with whom Messrs. Richard W. Galiher and William E. Stewart, Jr., Washington, D. C., were on the brief, for appellees.

Before EDGERTON, Chief Judge, and PRETTYMAN, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN and BURGER, Circuit Judges, sitting


PRETTYMAN, Circuit Judge.

Appellant, Mrs. Marguerite Jamieson, bought from Woodward & Lothrop, a department store, an elastic exerciser manufactured by Helena Rubinstein, Inc., which she had seen advertised in a magazine. She bought by brand name, "Lithe-Line", and no special instructions as to use were given her by the vendor's salesperson. While she was using the exerciser she suffered a sudden unconsciousness, and although she testified she did not know what...

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