Torpey v. Red Owl Stores, Inc.

NORDBYE, Chief Judge.

The action was one to recover damages growing out of an injury to plaintiff incurred when plaintiff was pressing the cover back on a partly-used jar of applesauce sold by defendant to plaintiff’s sister, Miss Mary Ward. Plaintiff’s evidence showed that she was helping Miss Ward clear the table after a dinner at which part of the jar of applesauce had been eaten and, at Miss Ward’s suggestion, returned the unused portion of applesauce to the opened jar. It is clear that plaintiff was resealing the jar in a careful and in the customary manner when it collapsed under her…