Martin v. Bengue, Inc.

The opinion of the court was delivered by

Jacobs, J.

The Appellate Division affirmed the trial court’s judgment of dismissal at the close of the plaintiff’s' *362case. Martin v. Bengue, Inc., 44 N. J. Super. 429 (App. Div. 1957). We granted certification under R. R. 1:10-2.

On Eebruary 4, 1953 the plaintiff suffered severe injuries. He claims that his injuries were the result of the defendants’ negligence in failing to warn him, as a user of their ointment “Ben-Gay,” as to the flammability of the vapors which it emitted. In support of his claim he introduced lay and expert testimony which, he…