Heggblom v. John Wanamaker New York

This is a motion under rule 106 of the Rules of Civil Practice, for an order dismissing the amended complaint herein upon the ground that it appears on the face thereof that it fails to state facts sufficient to constitute a cause of action.

The causes of action are grounded in alleged breach of warranty (first cause of action) and alleged negligence (second cause of action). In brief the facts are that in February or March, 1937, one Hilda Gunell" (who is not a party to this action) purchased in the defendant’s retail, department store a reducer and health exerciser known by the trade name of…