PETERSON v. LAMB RUBBER CO.

Docket No. L.A. 25635.

54 Cal.2d 339 (1960)

353 P.2d 575

5 Cal. Rptr. 863

ERVIN L. PETERSON, Appellant, v. LAMB RUBBER COMPANY (a Corporation), Respondent.

Supreme Court of California. In Bank.

June 23, 1960.


Attorney(s) appearing for the Case

Robert C. Pannell, LeRoy L. Center and Asher R. Sailors for Appellant.

Moss, Lyon & Dunn, Sidney A. Moss and Henry F. Walker for Respondent.

Bronson, Bronson & McKinnon as Amici Curiae on behalf of Respondent.


SCHAUER, J.

In this action to recover for personal injuries suffered by plaintiff as the result of explosion of a grinding wheel purchased from defendant by plaintiff's employer, the trial court sustained without leave to amend a general demurrer to the count of the complaint based on breach of implied warranty. Trial was had on the other (first) count, based on negligence, and the jury found for defendant. Plaintiff appeals from the ensuing judgment for defendant...

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