McCabe v. Liggett Drug Co. Inc.

This is an action of contract to recover compensation for personal injuries resulting from the use of a metal coffee maker purchased from the defendant. The declaration is in one count and alleges breaches of implied warranties of fitness and merchantability. After a verdict for the plaintiff, the judge, on motion of the defendant and subject to the plaintiff’s exception, entered a verdict for the defendant under leave reserved.

There was evidence that on or about May 20, 1949, one Huwe, acting as agent for the plaintiff, purchased a metal coffee maker, called “Lucifer ‘Lifetime,’” from the…