Hodges v. FULLER BRUSH COMPANY

This civil action was commenced January 28, 1964, with the issuance of a writ of summons in an action of assumpsit and was tried to a justice of the superior court sitting with a jury. The case was not reached for trial, however, until November of 1966, and so was tried in accordance with the superior court rules of civil procedure which became effective January 10, 1966.

In his declaration, plaintiff alleged damages for personal injuries and loss of earnings resulting from the breach of an implied warranty of fitness of a pesticide for the use for which it had been sold to plaintiff by…