Sears, Roebuck & Co. v. Marhenke

WILBUR, Circuit Judge.

This is an action for damages for personal injuries, tried before the court without a jury. Findings and judgment were for the plaintiff in the sum of $5,000. Defendant appeals.

Plaintiff was scalded by hot water leaking from a rubber hot water bag purchased from the appellant by the parents of plaintiff, who was an infant fourteen days old at the time of the injury.

The judgment was based upon the finding that the appellant knew, or should have known, that the hot water bag was in a condition which made it unsafe for its intended use. The defect in the bag, as presented…