Emil H. Moschkau v. Sears, Roebuck and Company, a Foreign Corporation

ENOCH, Circuit Judge.

Emil H. Moschkau sued to recover damages for burns sustained by him while using a plastic laminate adhesive out of the original pint-sized can container purchased from the store of Sears, Roebuck and Company in Madison, Wisconsin. The District Court reserved his ruling on defendant’s motion, at the close of evidence, for a directed verdict in defendant’s favor. The motion was based on the ground that the evidence disclosed no negligence on the part of Sears, but did show that Mr. Mosehkau’s negligence was the sole contributory cause of the accident. The District Court…