Galvin v. Lynch

Defendant moves, under rule 106 of the Rules

of Civil Practice, to dismiss the complaint of the plaintiff on the ground that it does not state facts sufficient to constitute a cause of action. In the first cause of action plaintiff seeks to hold the defendant hable for damages, in that he did represent to plaintiff’s employer that a certain vacuum cleaner was free from defect and safe to use, and that while plaintiff was using said vacuum cleaner he was injured. Courts of this country and England have held that one who invites another to make use of an appliance is bound to the exercise of…