Cavanagh v. F. W. Woolworth Co.

The plaintiff, in the first count of his declaration, alleged a breach of an express warranty made in the sale, by the defendant, of a rubber stopper to be used in bottles containing gas-charged or carbonated beverages; and in the second count, a breach of an implied warranty that the stopper was reasonably fit for the said purpose. The third count was based on negligence. The judge directed a verdict for the defendant upon the third count. The jury found for the defendant upon the first count and for the plaintiff upon the second count. The defendant excepted to the refusal of the judge to…