Steele v. Rapp

The opinion of the court was delivered by

Schroeder, J.:

This is a damage action for personal injuries sustained by the plaintiff when a bottle of fingernail polish remover, sold by the defendant to the plaintiff’s employer, ignited and exploded. Two causes of action are alleged, the first based on negligence and the second on breach of implied warranty. The trial court sustained demurrers to both the first amended petition and the second amended petition, following which an appeal was duly perfected to this court from those orders.

The questions involved are: (1) Is the second amended petition…