Peterson v. Lamb Rubber Co.

In this action to recover for personal injuries suffered by plaintiff as the result of explosion of a grinding wheel purchased from defendant by plaintiff’s employer, the trial court sustained without leave to amend a general demurrer to the count of the complaint based on breach of implied warranty. Trial was had on the other (first) count, based on negligence, and the jury found for defendant. Plaintiff appeals from the ensuing judgment for defendant. We have concluded that plaintiff’s contentions of error in the trial on the negligence count are without merit *341but that the judgment should…