Lehmann v. R. H. Macy & Co.

Plaintiff sustained an injury while trying on a hat picked up from a counter of defendant store as a result o£ a hatpin being imbedded in the veil rather than in the hat proper where it belonged. The Trial Justice denied the motion to dismiss, the jury rendering a verdict for plaintiff. This was erroneous in view of the absence of any .proof of active negligence on the part of defendant’s employees or of any notice to it of the defect complained of.

Insofar as it is possible that the manufacturer may have delivered this hat to the store with the pin negligently imbedded in the veil, no…