Anderson v. J. C. Penney Co.

Early on the morning of October 16, 1965, the plaintiffs-appellants’ eleven year old son awoke to find his bed on fire. It had been covered with an electric blanket, which was turned on when he went to sleep the night before. His father had purchased the blanket from defendant-appellee, J. C. Penney Co., Inc., on November 9, 1964, (along with two other electric blankets used by others in the family). His parents sued in breach of warranty 1 to recover for the fire and smoke damage to their home. At the conclusion of the plaintiff’s evidence the trial judge directed the jury to return verdicts…