Reynolds v. Sun Ray Drug Co.

The opinion of the court was delivered by

Oliphant, Chancellor.

This is au appeal from a judgment of the Supreme Court entered upon a verdict of a jury rendered in an action brought to recover for injuries sustained from the use of a lipstick sold the respondent by appellant’s employee.

The action was brought in three counts, the first of which was based on the alleged breach of an express warranty and as to which the trial court ordered a nonsuit. On the third count, which sounded in negligence, the plaintiff suffered a voluntar}"- nonsuit. No complaint is made as to these rulings. The trial…