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ARFONS v. E. I. DU PONT DE NEMOURS & COMPANY

No. 35, Docket 24989.

261 F.2d 434 (1958)

Dale ARFONS, Plaintiff-Appellant, v. E. I. DU PONT DE NEMOURS & COMPANY, Incorporated and The Ensign-Bickford Company, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 24, 1958.

Attorney(s) appearing for the Case

Charles N. Segal, Hartford, Conn. (Arnold B. Elkind, New York City, Irwin R. Karassik, Herbert Zelenko, New York City, on the brief), for plaintiff-appellant.

Marsh, Day & Calhoun, Bridgeport, Conn. (Peter J. Nolan, Wilmington, Del., Norman K. Parsells, David S. Maclay, Bridgeport, Conn., on the brief), for defendant-appellee duPont.

Wallace W. Brown, Hartford, Conn., for defendant-appellee Ensign-Bickford.

Before SWAN and MOORE, Circuit Judges, and KAUFMAN, District Judge.

IRVING R. KAUFMAN, District Judge.

This action, based upon alleged breaches of express and implied warranties, was brought to recover for injuries allegedly sustained by appellant when working with dynamite produced by appellee duPont and fuse produced by appellee Ensign-Bickford. It is contended that appellees warranted through advertisement and literature that the products were safe for the purposes for which they were sold when used according to instructions.

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