Bianchi v. Denholm & McKay Co.

The plaintiff brought this action in the District Court to recover for injuries to her skin, alleged to have been caused by using a face powder purchased from the defendant in July, 1936. The judge found for the plaintiff. Count 1 of the declaration was based upon an alleged breach of warranty in the sale of the face powder. The other count, which was for negligence, need not be considered, as the judge ruled, without objection, that there was no evidence of negligence. The defendant concedes that a finding was warranted under G. L. (Ter. Ed.) c. 106, § 17 (1), of an implied warranty that the…