Newmark v. Gimbel's Incorporated

The opinion of the Court was delivered by

Francis, J.

This appeal involves the liability of a beauty parlor operator for injury to a patron’s hair and scalp allegedly resulting from a product used in the giving of a permanent wave. The action was predicated upon charges of negligence and breach of express and implied warranty. Trial was had before the county district court and a jury. At the close of the proof, the court ruled as matter of law that the warranty theory of liability was not maintainable because in giving a permanent wave a beauty parlor is engaged in rendering a service and not a…