James C. Gardner v. Q. H. S., Inc., a Corporation, and J. M. Fields, Inc., a Corporation

WINTER, Circuit Judge:

In this products liability case, the owner of an apartment building, substantially destroyed by fire when hair rollers used by a tenant ignited and set fire to it, sought to recover his loss from the manufacturer of the hair rollers (Q. H. S., Inc.) on the theories of negligence and breach of implied warranty, and the retailer (J. M. Fields, Inc.), from whom the tenant had purchased them, on the theory of breach of implied warranty. The district judge granted judgment for both defendants at the conclusion of the plaintiff’s ease. He did so because he concluded that under…