Cicarelli v. Lipshetz

The present motion seeks to set aside a defendant’s verdict which the jury had returned upon directipn.

It appeared that the plaintiff had purchased from the de fendant a lipstick which caused her lips to become blistered after she had applied it upon them. She offered no proof that the lipstick contained anything of a deleterious nature. The doctor who attended her stated that the blisters were due to an allergy in her skin.

In paragraph four of her complaint, the plaintiff alleged an express warranty to the effect that the article “was safe to use, that it was free from dangerous chemicals…