NEWMARK v. GIMBEL'S INCORPORATED


54 N.J. 585 (1969)

258 A.2d 697

RUTH NEWMARK AND DUDLEY NEWMARK, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. GIMBEL'S INCORPORATED, A CORPORATION, AND SELIGMAN & LATZ PARAMUS CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided November 17, 1969.


Attorney(s) appearing for the Case

Messrs. Albert E. Fershing and Alvin D. Hersh argued the cause for defendants-appellants (Mr. Richard D. Bennett, attorney).

Mr. Herman B. Packer argued the cause for plaintiffs-respondents (Mr. Saul Peres, attorney).


The opinion of the Court was delivered by FRANCIS, J.

This appeal involves the liability of a beauty parlor operator for injury to a patron's hair and scalp allegedly resulting from a product used in the giving of a permanent wave. The action was predicated upon charges of negligence and breach of express and implied warranty. Trial was had before the county district court and a jury. At the close of the proof, the court ruled as matter of law that the warranty theory...

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