OWEN v. SEARS, ROEBUCK AND COMPANY

No. 16366.

273 F.2d 140 (1959)

John L. OWEN, Appellant, v. SEARS, ROEBUCK AND COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

December 1, 1959.


Attorney(s) appearing for the Case

Nicholas Granet, Portland, Or., for appellant.

Koerner, Young, McColloch & Dezendorf, John Gordon Gearin, Portland, Or., for appellee.

Before BONE and HAMLEY, Circuit Judges, and BOWEN, District Judge.


BOWEN, District Judge.

This is an appeal from the Trial Court's order directing a jury verdict for appellee (defendant below) at the close of appellant's (plaintiff's) case in chief in the trial of appellant's action against appellee for alleged breach of warranty of fitness to recover damages sustained by appellant when he was burned by a cigarette-lighted fire in a shirt he was wearing some time after it was purchased by his wife for him at appellee's Portland,...

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