Kratz Et Vir v. American Stores Co.

Opinion by

Mr. Justice Horace Stern,

In the absence of special circumstances, the retail vendor of an article of merchandise * in common and general use, purchased by him in the usual course of trade and business from a reputable manufacturer or dealer, and resold by him in its original sealed package or container labelled with proper warnings and directions as to use, is not liable to a customer for injuries caused by some latent defect in the article. This principle of law completely negatives plaintiffs’ alleged cause of action in the present case.

The complaint avers that the wife plaintiff…