C. K. S. Inc. v. Helen Borgenicht Sportswear, Inc.

Plaintiff operates a retail store in Worcester, Massachusetts. Sometime in July, 1957, a Mrs. Israel purchased a blouse in the store. About a month later, Mrs. Israel, while wearing the blouse, approached the stove in her kitchen. The blouse caught fire and she was subjected to extensive burns. Claiming that the blouse was made of material unusually susceptible to .heat, she brought an action against the plaintiff. Plaintiff, claiming that it purchased the blouse from defendant, gave the latter notice of the claim and asked that defendant assume the defense. Defendant declined. Thereafter…