Marguerite Jamieson v. Woodward & Lothrop

PRETTYMAN, Circuit Judge.

Appellant, Mrs. Marguerite Jamieson, bought from Woodward & Lothrop, a department store, an elastic exerciser manufactured by Helena Rubinstein, Inc., which she had seen advertised in a magazine. She bought by brand name, “Lithe-Line”, and no special instructions as to use were given her by the vendor’s salesperson. While she was using the exerciser she suffered a sudden unconsciousness, and although she testified she did not know what happened it appears to be a reasonable inference that the exerciser slipped and struck her in the eye. She sued Woodward & Lothrop for…