Simmons v. Rhodes & Jamieson, Ltd.

Plaintiff purchased some ready-mixed cement from defendant Rhodes and Jamieson, Ltd., through its employee, defendant Harold Aydelotte. After using the mixture for the purpose for which it was intended, plaintiff suffered severe burns. He brought this action against the two defendants, setting forth causes of action for a breach of warranty and for negligence. The trial court granted a non-suit at the close of plaintiff’s case. Plaintiff appeals.

*192The facts most favorable to plaintiff are:

Plaintiff, a welder by trade, was constructing his own home. Shortly after laying the foundations, he met…