Squire v. F.W. Wool-Worth Co.

• Decision Date: 21 November 1933
• Citation: 263 N.Y. 532,189 N.E. 684
• Parties: Luise SQUIRE, Respondent, v. F. W. WOOL-WORTH COMPANY, Appellant.
• Court: New York Court of Appeals Court of Appeals

263 N.Y. 532

189 N.E. 684

Luise SQUIRE, Respondent,

v.F. W. WOOL-WORTH COMPANY, Appellant.

Court of Appeals of New York.

Nov. 21, 1933.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (238 App. Div. 839, 262 N. Y. S. 938), entered March 14, 1933, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court at a Trial Term, a jury having been waived, in an action to recover for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant. The plaintiff purchased from defendant certain celluloid combs. While using them in connection with an electric lamp, they caught on fire, severly burning her. The original complaint set up a cause of action as for a breach of warranty. By an amended complaint the plaintiff set up a second cause of action, alleging that her injury was caused by the negligence of defendant in failing to warn her of, or to indicate to her, the combustible and explosive qualities of the combs, of which she was ignorant.

Martin A. Schenck, Joseph S. Auerbach, and Edward Cornell, all of New York City, for appellant.

Sidney J. Feltenstein, Jerome A. Jacobs, and Albert G. Silverman, all of New York City, for respondent.

PER CURIAM.

Judgment affirmed, with costs.

POUND, C. J., and CRANE, KELLOGG, O'BRIEN, HUBBS, and CROUCH, JJ., concur.

LEHMAN, J., not sitting.