Varas v. Barco Manufacturing Co.

This is an appeal by the plaintiff from a judgment of nonsuit in an action to recover damages for personal injuries suffered by him while using a machine to compact earth.

The first cause of action of the third amended complaint was founded on allegations of negligence on the part of the defendants. The second and third causes of action were based on theories of warranty. As to the warranty causes of action, the trial court granted a nonsuit on the grounds that there was no evidence of an express warranty on the part of the defendant Fornaeiari Company and that there was no evidence that the…