Gallagher v. Sears Roebuck & Co.

In an action to recover damages for personal injuries, the appeal is from a judgment dismissing the complaint at the close of plaintiff’s case and from an order granting a motion to dismiss the complaint on the ground that plaintiff was guilty of contributory negligence as a matter of law. After defendant overhauled the unit, motor and compressor head of plaintiff’s refrigerator, purchased from defendant about eight years before, defendant reinstalled the parts therein. Within a half hour, plaintiff’s wife noticed an odor of gas. As the result of a telephone call to plaintiff, then at his…