HARTSOOK v. OWL DRUG CO.

Docket No. 24207.

182 Cal.App.2d 150 (1960)

5 Cal. Rptr. 835

ELAINE FOX HARTSOOK, Appellant, v. THE OWL DRUG COMPANY (a Corporation), Respondent.

Court of Appeals of California, Second District, Division One.

June 24, 1960.


Attorney(s) appearing for the Case

Joseph Schecter, Robert F. Diekman and Toxey H. Smith for Appellant.

Crider, Tilson & Ruppe and Henry E. Kappler for Respondent.


WOOD, P.J.

This is an action for damages for personal injuries allegedly occurring when a plastic toy top, which plaintiff was spinning, allegedly exploded and cut plaintiff's nose and eye. In a nonjury trial, judgment was for defendant. Plaintiff appeals and contends, in effect, that the evidence was insufficient to support the finding that there was no breach of warranty.

Mrs. Fox testified, as follows: She is the mother of plaintiff. On July 5, 1948, while...

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